Does client have right to obtain legal case file from their lawyer?

[atyclb]

Posting here because Legal forum inactive.

will lawyers only send a case file to another lawyer or does the client have the right to obtain it directly?

thanx

[peterrabbit]

He who pays - makes the rules. If not change your lawyer.

[bkkcanuck8]

Wouldn't that depend on the contract? (IANAL)

[SOUTHERNSTAR]

Ask for a copy and pay the copying fees. If you then want to transfer the file you can do so. If you dont want to do this get another lawyer with whom you agreed on getting the file. Then transfer the file to a new lawyer.

[Familyaffairs]

Lawyers do not prefer to send case files to another lawyer (loss of face) and may procrastinate in handing it over.

[manhood]

You must get all the papers exchanged from your lawyer in your case and be aware what he is writing to the other party, better know the content of his letter before he sent it!!!!!!!!!!!!!!!!!!!!!!!

[Srikcir]

Lawyers do not prefer to send case files to another lawyer (loss of face) and may procrastinate in handing it over.

Especially if there's NO case file.

I don't think there's any law that defines what consists of a case file nor that one must exist.

Furthermore, the case for is for the attorneys use and may contain confidential information that the client should not be privy to.

Let's say the attorney refuses to provide a client a complete (and how would the client know?) copy, what's a client to do? Sue the attorney? So sorry, it was thrown out by accident the office was remodeled.

Perhaps the best approach, if having a copy of a case file is critical to the client, is to contracturally tie it with bill payment. No file copy, no payment. But say good bye to any retainer that may have been required by the attorney.

[atyclb]

Thanks for answers thus far. the deal is he was instructed-confirmed to file an appeal and just recently came to light it was never filed. he is evasive and not responding to written requests. i am waiting for a reply from another lawyer

[kingstonkid]

Thanks for answers thus far. the deal is he was instructed-confirmed to file an appeal and just recently came to light it was never filed. he is evasive and not responding to written requests. i am waiting for a reply from another lawyer

Okay a few questions

Do you have a written agreement as to what he was supposed to do.

Do you have a money trail for payments you have made. (There are times that I wish I had a chequing account)

When did you meet with him/her? Dates times

What is the firm? I don't want to know but most legal firms have senior partners that really do not like head aches.

have your lawyer submit a letter stating that unless ALL PAPERWORK and a fully detailed accounting of all funds received and expended is received in 3 business days that legal remedies will be sought and initiated.

DO NOT COMMUNICATE DIRECTLY WITH THE OLD LAWYER.

Pay a minimal amount to the new lawyer and agree to pay their bill in full on resolution of the matter.

Hope this helps

[atyclb]

Thanks for answers thus far. the deal is he was instructed-confirmed to file an appeal and just recently came to light it was never filed. he is evasive and not responding to written requests. i am waiting for a reply from another lawyer

Okay a few questions

Do you have a written agreement as to what he was supposed to do.

Do you have a money trail for payments you have made. (There are times that I wish I had a chequing account)

When did you meet with him/her? Dates times

What is the firm? I don't want to know but most legal firms have senior partners that really do not like head aches.

have your lawyer submit a letter stating that unless ALL PAPERWORK and a fully detailed accounting of all funds received and expended is received in 3 business days that legal remedies will be sought and initiated.

DO NOT COMMUNICATE DIRECTLY WITH THE OLD LAWYER.

Pay a minimal amount to the new lawyer and agree to pay their bill in full on resolution of the matter.

Hope this helps

he was told an appeal must be filed at the moment the lower court decision was known. this was followed up confirmed immediately with email in thai and english language. subsequently i was told to wait for higher court decision. been waiting many months so asked for a copy of the appeal petition. then lawyer became evasise and poorly responsive.

bank transfers and emails-messaging make a paper trail.

i believe he works solo, no partners.

i am thinking about a complaint to the lawyers association (bar equivalent)

[LarryLindsey]

Our company had a dispute, went thru several law firms and the case went nowhere.

Beware of Thai Lawyers and their zig zag methodology. Some people say they are more dishonest than the police...

[ghworker2010]

Our company had a dispute, went thru several law firms and the case went nowhere.

Beware of Thai Lawyers and their zig zag methodology. Some people say they are more dishonest than the police...

This comment is valid. Google the story about the farang in phuket who is trying to find an honest lawyer to represent him against the dodgy lawyer who transferred assets out of his company name into the ex's name. He categorically states that he went to the 'lawyers council' in bkk trying to find an honest lawyer and didnt have much success. good luck

[12DrinkMore]

Our company had a dispute, went thru several law firms and the case went nowhere.

Beware of Thai Lawyers and their zig zag methodology. Some people say they are more dishonest than the police...

This comment is valid. Google the story about the farang in phuket who is trying to find an honest lawyer to represent him against the dodgy lawyer who transferred assets out of his company name into the ex's name. He categorically states that he went to the 'lawyers council' in bkk trying to find an honest lawyer and didnt have much success. good luck

Same everywhere.

"Protect Your Own".

[dageurreotype]

Our company had a dispute, went thru several law firms and the case went nowhere.

Beware of Thai Lawyers and their zig zag methodology. Some people say they are more dishonest than the police...

This comment is valid. Google the story about the farang in phuket who is trying to find an honest lawyer to represent him against the dodgy lawyer who transferred assets out of his company name into the ex's name. He categorically states that he went to the 'lawyers council' in bkk trying to find an honest lawyer and didnt have much success. good luck

Same everywhere.

"Protect Your Own".

Here we go again. No, it's not the 'same everywhere'. In first world countries a lawyer accused of negligence would be investigated and if found guilty of malfeasance, disbarred. Not so here.

[LarryLindsey]

Our company had a dispute, went thru several law firms and the case went nowhere.

Beware of Thai Lawyers and their zig zag methodology. Some people say they are more dishonest than the police...

This comment is valid. Google the story about the farang in phuket who is trying to find an honest lawyer to represent him against the dodgy lawyer who transferred assets out of his company name into the ex's name. He categorically states that he went to the 'lawyers council' in bkk trying to find an honest lawyer and didnt have much success. good luck

Same everywhere.

"Protect Your Own".

Here we go again. No, it's not the 'same everywhere'. In first world countries a lawyer accused of negligence would be investigated and if found guilty of malfeasance, disbarred. Not so here.

Might be the same in Nigeria.

[roath]

Lawyers do not prefer to send case files to another lawyer (loss of face) and may procrastinate in handing it over.

Especially if there's NO case file.

I don't think there's any law that defines what consists of a case file nor that one must exist.

Furthermore, the case for is for the attorneys use and may contain confidential information that the client should not be privy to.

Let's say the attorney refuses to provide a client a complete (and how would the client know?) copy, what's a client to do? Sue the attorney? So sorry, it was thrown out by accident the office was remodeled.

Perhaps the best approach, if having a copy of a case file is critical to the client, is to contracturally tie it with bill payment. No file copy, no payment. But say good bye to any retainer that may have been required by the attorney.

As a standard rule of thumb (based on most professional standards and implied contractual terms), the file would belong to the client (provided of course that the client has settled the account), save that the lawyer's notes may not necessarily be disclosed (as you say, there may be confidential matters recorded such as off the record conversations, which might be mis-used by the client, or indeed comments made by the lawyer about the client which the lawyer might not - rightly or wrongly - want the client to see). My practice was to forward my attendance notes (as they are contained on a Word file), although I may redact them before disclosing for the above reasons.

As you say, if the lawyer hands over the file, it may not be a complete record, either deliberately or through negligence or a simple lack of care. My standard practice was to scan all documentation (incoming and outgoing) so there was always a complete digital record, although not all lawyers are as diligent.

The advice I always gave to clients is to insist that their lawyer copies them in on all correspondence and/or forward all communications received (which these days is usually very straightforward with pretty much all communications being carried out by email). That means that the lawyer would have very little that the client wouldn't have should there be some issue regarding documentation.

[atyclb]

Lawyers do not prefer to send case files to another lawyer (loss of face) and may procrastinate in handing it over.

Especially if there's NO case file.

I don't think there's any law that defines what consists of a case file nor that one must exist.

Furthermore, the case for is for the attorneys use and may contain confidential information that the client should not be privy to.

Let's say the attorney refuses to provide a client a complete (and how would the client know?) copy, what's a client to do? Sue the attorney? So sorry, it was thrown out by accident the office was remodeled.

Perhaps the best approach, if having a copy of a case file is critical to the client, is to contracturally tie it with bill payment. No file copy, no payment. But say good bye to any retainer that may have been required by the attorney.

As a standard rule of thumb (based on most professional standards and implied contractual terms), the file would belong to the client (provided of course that the client has settled the account), save that the lawyer's notes may not necessarily be disclosed (as you say, there may be confidential matters recorded such as off the record conversations, which might be mis-used by the client, or indeed comments made by the lawyer about the client which the lawyer might not - rightly or wrongly - want the client to see). My practice was to forward my attendance notes (as they are contained on a Word file), although I may redact them before disclosing for the above reasons.

As you say, if the lawyer hands over the file, it may not be a complete record, either deliberately or through negligence or a simple lack of care. My standard practice was to scan all documentation (incoming and outgoing) so there was always a complete digital record, although not all lawyers are as diligent.

The advice I always gave to clients is to insist that their lawyer copies them in on all correspondence and/or forward all communications received (which these days is usually very straightforward with pretty much all communications being carried out by email). That means that the lawyer would have very little that the client wouldn't have should there be some issue regarding documentation.

i know there is a case file as i have seen it each time we went to court. it has lots of documents - evidence that i gave him and likely his petitions.

[CMBob]

You are entitled to all the materials you gave the lawyer and a copy of the other papers (but not the lawyer's notes) in the file. There could be a minor charge for any photocopies. As to the file folder itself, you're not entitled to that.

Edit: Presuming the lawyer is delaying (intentionally or otherwise) in turning over materials to you and you're in a big hurry, you could go to the Court Clerk and ask to review the Court's file (and have copies made of anything in there that you want....again, there'll be a copy charge).

Edited May 9, 2016 by CMBob