Your question is confusing. You can't be 'discharged' by an attorney because you hired him. Did you fire him or did he return the file? If you fired him, he may have had a retained interest in the case that he is now pursuing. If the insurance company was on notice of such an interest but paid money out to your new lawyer, the insurance company could be liable as well as you and possible the new attorney (if he had notice) for not honoring a retained interest.
Your best bet it to take the letter to your second attorney and ask him what it means.
You should be entitled to see what was filed on your behalf. You can try contacting the Court and getting a copy that way. There is usually a minimal copying fee. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
I would trust what your attorney is telling you before what an insurance company tells you.
This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.
Your question is not clear. Do you want your prior attorney’s file or the file maintained by the insurance company? If the file is maintained by an insurance company, and it is not your insurance company, you have no right to a copy it via fax, or otherwise. You do have a right to a copy of the file maintained by your attorney, whether former or not, but you do not have a right to receive it via fax. Good luck.
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Both attorneys Simon & Bright have given you good information. You have apparently filed a complaint with the State Bar & they are investigating, so you will be informed of their findings. I am happy to learn that you case has been settled, which is the most important thing. You should direct your questions to your second attorney - perhaps a lawsuit was never filed by the first attorney, instead a telephone call or letter to the insurance carrier notifying them of a pending claim; or perhaps the insurance carrier is wrong.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
In general, the attorney file is the property of the client and is required to be produced upon request. Call the bar association of your state and request your options and rights in this regard.
If your first attorney "filed" a "claim" then someone has a copy. Seek it from the (undisclosed) recipient. Since you claim that you obtained a copy of your file from your first attorney, it seems that such claim was not filed, was filed and given to you, or was filed an not given to you. If you need the copy, it would seem that your current attorney does not need it or (s)he would be making the effort to obtain it on your behalf.
Yes, you have every right to your file since it is your property. I would consult with your current attorney or another attorney who handles legal malpractice cases to obtain your files from your first attorney.
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