How Do I Get my Case File from my Old Attorney?

No one thinks about firing their lawyer when they go in for that first consultation. But you can only put up with so much, and now you’re ready to make the leap. There’s a lot to think about when it comes to ending a relationship, but terminating the lawyer-client privilege deserves extra thought and consideration. Among the questions in your mind, we’re betting one of them is:

“How do I request my file from my lawyer?”

Documents in your case file are important to have in general, but it’s absolutely crucial if you’re in the middle of a lawsuit. Your file is full of important evidence like medical reports and witness statements, and you definitely want these turned over to your new attorney. “But,” we can hear you asking, “how do I go about asking for my case file? Is this something my new lawyer can help me with?”

Please keep reading for answers to these questions, along with other helpful information if you are changing lawyers in the middle of a case. If you have any questions about the topics in this article or want to discuss your legal options, please give us a call and speak to one of our attorneys.

Is My Ex-Lawyer Obligated to Turn over my File?

Yes, your lawyer is obligated to hand over your case file if you ask them to do so. According to the American Bar Association’s Model Rule 1.16(d), a lawyer must “[surrender] papers and property to which the client is entitled” upon termination of their contract with that client. State bar associations have their own rules regarding this issue, but they’re generally in line with the American Bar Association.

For example, the State Bar of California’s Rules of Professional Conduct states:

“A member whose employment has terminated shall: (1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property.”

By “client papers and property,” the rule is referring to medical reports, transcripts, depositions, letters, physical evidence, expert reports, court papers, and just about anything else that’s necessary to represent you in your lawsuit. Additionally, the lawyer must return advanced payments or portions of advanced payments which he or she has not earned. This is not an issue if your lawyer is working on contingency, but we mention it here just in case.

How Do I make a Request for my Case File?

There’s no specific rule on how to ask your lawyer for your case file. But we recommend doing it in writing, either through email or regular mail. If you’ve found a new attorney, you should ask for the file to be sent directly to them. You can also pick up your file in person, but make sure to call the office and schedule a time to come by. That way, they have adequate time to get your file together and ensure they have a copy of everything for their records.

We actually take care of this when clients switch to us from another law firm. It makes things easier for both the client and the old lawyer, especially if there are personal grievances they haven’t worked through. To learn more about what we can do for you as client, contact our office and schedule a free consultation.

Do I have to Pay my Old Lawyer to get my File?

No, you shouldn’t have to pay for a copy of your own file, even if you’re transferring your case to another law firm. For one thing, anything that pertains to your legal representation is your property. Second, you have a right to switch lawyers at any point in your case, and obtaining your file is a necessary step for your new attorney. Hence, your law firm should not be charging you for a copy of your case file. They may, however, ask you to pay the shipping to have it mailed to you or your new lawyer.

What if I Owe my Lawyer Money? Can I Still get my File?

If you have a contingency fee agreement with your lawyer, you shouldn’t have to worry about legal fees since they’re only recovered if your lawyer wins your case. Since most injury lawyers work on contingency, we assume that you’re talking about loans for things like living expenses and insurance deductibles (for high deductible car accident cases, for ex).

We want to make it crystal clear that your lawyer cannot hold your file hostage because you owe them money. They can certainly take action against you to recover their funds, but this is a separate issue from their duty to release your case file. If your attorney refuses to turn over your file, or they’re trying to coerce you into paying them first, you can file a complaint with your local or state bar association. If you need help with this, one of our attorneys will be happy to assist you.
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What Can I Do if my Lawyer Won’t Return my Case File?

This is an unfortunate consequence of choosing the wrong lawyer, though it’s hard to anticipate such petty, unprofessional conduct from a legal representative. It’s frustrating, but we want to assure you that an attorney cannot hold your file hostage under any circumstance. No matter what you said to them, if you owe them money, if you went to another lawyer without discussing it first – none of these are valid reasons to avoid turning over your case file.

You have a few options if your lawyer refuses to release your documents. If you feel comfortable, you can try having an honest conversation with them, using the “it’s not you, it’s me” technique. Emphasize that it’s not about their lack of skill or experience. Rather, you have personality differences that can’t be ignored, and it’s best to move on to a lawyer who’s more compatible with you. Sometimes, just giving your lawyer respect and closure may be enough for them to do the right thing.

The other option is to file a complaint with the State Bar of California by using their online form. The downside is, there’s no guarantee on how quickly the bar will act on your behalf. And that’s not very helpful when your new lawyer needs to get up to date on your lawsuit. Fortunately, there’s a better option for retrieving your documents, and it’s actually the easiest of all three methods.

Should I Let my New Lawyer Handle This?

If you’ve found a new attorney, they can absolutely assist you in getting your file. In fact, that may be for the best depending on the issues between you and your old lawyer. At our law firm, we handle everything related to transferring a case once a client agrees to work with us. That includes requesting your case file and working out a payment arrangement so that your lawyer can be compensated for their work. This will go a long way in resolving things between the two of you and ensuring a smooth transition process. We will also notify the court or any other administering agency of your change in counsel. This way, all correspondences related to your case comes to us, and not your old law firm.

Regardless of why you’re changing lawyers, this is an awkward situation for both sides. In our experience, we’ve found that it’s sensible to let a third party step in and take the reins on ending your attorney-client relationship. Plus, we’re not going to fall for excuses as to why your lawyer can’t release your file, since we know the laws inside and out.

Free Second Opinion

Are you still searching for a new lawyer, or you’re not 100 percent sure if firing your attorney is the right choice? We understand and encourage you to think long and hard before you make such a monumental decision. But you shouldn’t wait too long, as it’s more difficult to switch lawyers the further you are in your case.

We would like to help you with this difficult decision during a free second opinion consultation. This is your chance to discuss all your concerns regarding the way your case is being handled. Some of these may be personal issues, like lack of communication for long periods of time, even when you repeatedly reach out to them. You may have also noticed signs of incompetence or lack of experience with your type of lawsuit. All these are serious issues, and it may be the best thing to find a new attorney. If that’s the case, we can talk about the terms for terminating the contract with your current lawyer and the transfer process to move your case to our law firm.

Remember – the decision to change lawyers is always in your hands. But it’s difficult to make that choice without advice from an experienced attorney. If you’re ready to speak with us, please call our office and schedule a free second opinion.

The Personal Injury Lawyers of Normandie

No one goes into a lawsuit thinking they will change attorneys right in the middle of their case. Frankly, it’s a step you should avoid if at all possible. But there are valid reasons to fire your lawyer and start fresh with new representation. We won’t know why you’re changing lawyers until we meet you in person, but we can promise you that here at Normandie, our clients are treated like family. We would never ignore calls from family members or make them wait weeks for answers. We would never prioritize one family member over another just because their case has a higher value. Most of all, we would always treat family members with respect, empathy, and compassion.

So that’s what you can expect if you choose to work with the lawyers of Normandie. As for legal fees, you don’t need to worry about that, since all our services are free under our Zero fee guarantee. Our fees are paid by the party you’re suing, and that’s only if we win your case. No matter what happens, there is no risk to you whatsoever by coming in to see us for a free consultation. Whether you’re interested in switching lawyers, or just starting the lawsuit process, our lawyers are here for you every step of the way.

Contact Normandie Law Firm and speak to a lawyer about your rights and legal options.