mitch d asked:
I had a personal injury lawyer but now i am going to use a new one. Does my old lawyer have to give him all the information regarding my case or can he say no?
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I had a personal injury lawyer but now i am going to use a new one. Does my old lawyer have to give him all the information regarding my case or can he say no?
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The answer to your question depends on two things: (1) where you live and (2) whether your bill is paid up.
For instance, in Nevada, there is a process called an “attorneys lien” whereby an attorney can refuse to hand over the materials related to a client’s case until such time as the client has paid in full.
Since I don’t know where you are, I don’t know if your state recognizes attorneys liens or not. But assuming you are square on your bill, then yes, he MUST forward your materials at your instruction.
Nope, but I believe that he does have to give you your information if you ask for it, then you can just hand it right on over to the other lawyer. He will probably charge you though or paper fees or copy fees or some other ridiculous fee
He can say no or demand that you pay whatever he charges to turn the documents over. The attorney-client relationship only covers confidentiality — it doesn’t mean the lawyer has to obey your orders after you have decided to jump ship and find a new one.
It really depends on the ethics rules in your state. In most states, I believe, your file belongs to you. That means that your attorney cannot, for any reason, refuse to give you your file and all information contained therein. There may be a few states where the attorney can retain your file until you pay any fees you owe; however, that has fallen into disfavor. Further, if the attorney has taken the case on a contingency basis, all you are required to pay at this point is any costs advanced (ie, copies, phone bills, filing fees) by the attorney on your behalf. To find out for certain, contact the state bar and inquire. If your former attorney is not allowed to retain your file, then you may be able to initiate a bar complaint against them
In California he is not required to turn over his “work product”. That would be whatever information/materials he has invested his own time or personal opinion/interpretations into. The physical stuff that you or the provided to him should be passed to the new atty.