Monday, April 18, 2011

Does an attorney have give copy of a case file on the clients request?

It depends.
If you have paid the attorney in full and your contract provided for work product and legal analysis to be given to the client at the end of the proceeding, the attorney should hand over documents related to your case. If the document is an original or was given to the attorney by the client, that document is deemed to be the client’s and should be handed over promptly. This all depends on the attorney’s compensation and whether or not he/she was paid in full. In Alabama, attorneys have the right to lien certain documents, albeit exceptions do exist (transcripts for indigent clients with court appointed representation), when said attorney has not been paid accordingly. This is a statutory provision that has yet to be fully interpreted:
http://www.bhamlaw.com/
http://www.bhamlaw.com/bhamlawblog/?p=15#comments

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