I requested a copy of my file from my attorney but I do not receive a response back from her, how can I obtain a copy of my file? Also, when a case is settled can an attorney take 2/3 of the money that was awarded to the client?
The attorney may keep the amount agreed to in your retainer agreement plus costs. If costs cause the percentage recovered to exceed the agreed amount, then that is normal. As for files, I am constantly being asked for copies of files. I am not a librarian who keeps peoples' files. A former client can go to court and pay for copies. I can send files but the former client must pay for copies. No payment, no copies. I am certain your former lawyer operates in exactly the same way.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
In most states an attorney must provide the client his or her file on request.
The fee retention depends on the fee agreement.
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