How do I obtain copies of all documents in my case if the attorney refuses? 19 Answers as of July 03, 2013My case is over but I find that I do not have copies of some of the documents that my lawyer received from the other side and ones that we completed together. I am trying to complete my file. My attorney of record on the case refuses to speak to me or allow me access to the file. Is there anything I can do? I do not have the financial resources to get them from the court because of their research fees.
Reza Athari & Associates, PLLC | Armand Fried
If you can't get them from your attorney, then the only place to get them is at the courthouse. You can try making an application to proceed "in forma pauperis" meaning you have no money and ask that the fees be waived.
Answer Applies to: Nevada
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Contact the State Bar and obtain their assistance in obtaining the file for you. The file is yours. Your attorney (or former attorney) can make and keep a photocopy for his or her own purposes but your original file is yours.
Answer Applies to: California
Beaulier Law Office | Maury Beaulier
If your attorney has already provided you with copies of file documents as the case progressed, the attorney may charge for additional copies as set forth in your retainer agreement with that attorney. You may also acquire any documents filed with the court from the court for what are generally nominal fees.
Answer Applies to: Minnesota
Law Office of Michael W. Bugni | Jay W. Neff
Is your case over? Are you ready to burn your bridges with this attorney? I ask these question because what I am about to suggest will end your relationship with this attorney. The lawyer has a duty to turn over the file to you (with a few exceptions). Therefore, if you make a written demand of him, he is required to give you the file. If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association.
Answer Applies to: Washington
John E. Kirchner, Attorney at Law | John Kirchner
Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.
Answer Applies to: Colorado
Law Offices of Mendlovitz & Sanchez | James V Sanchez
Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees. Under the Rules of Professional Conduct (RPC), rule 3-700 requires the attorney on termination of their representation to return all client papers and property on your request. Under RPC 3-500, an attorney is required to comply with reasonable requests for information and copies of significant documents when necessary to keep the client informed.
Answer Applies to: California
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If your case is in Maricopa County, you can register for ECR (Electronic Court Record) to view/print copies of documents filed with the court in your case (pleadings and orders): https://ecr.clerkofcourt.maricopa.gov/Registration.aspx This would not include documents such as correspondence between the attorneys or documents exchanged as evidence/exhibits.
Answer Applies to: Arizona
Law Office Of Jody A. Miller | Jody A. Miller
I would call the State Bar. The lawyer does not have the right to withhold your file. However he can withhold any of his own notes that he made and he can charge you to copy the file. If you call the State Bar and explain the situation they may be able to help you by contacting the other attorney.
Answer Applies to: Georgia