Question About Terminating My Attorney

[want2bms]

What is the name of your state? PA

I have an attorney who has been (supposedly) handling my divorce case for the last eight months. I paid her $1000 in the beginning, and, although I can see she's done very little, that money is long gone. She wants another $1000 to continue handling my case. (It is a non-contested divorce, we just need to work out a settlement as far as visitation and property--neither of which has ever been discussed to my knowledge.)

My question is this: Before I formally terminate my attorney, can I request that she hand over any information, correspondence, etc., that she may have acquired in regard to my case? Can I ask for a copy of my file?

Since it appears I will be proceeding without an attorney (I do not have the money to hire another one), it might be helpful for me to know anything she's found out (if there is anything).

Thank you for any advice!What is the name of your state?

[tuffbrk]

Yes, you can ask for a copy of your file. If you were retaining another attn'y they certainly would do so! Check your contract - there's probably a copy fee per page.

[Ohiogal]

Your file belongs to you.

[Bali Hai]

Originally Posted by Ohiogal

Your file belongs to you.

Once you've paid your balance.

[Ohiogal]

Originally Posted by Bali Hai

Once you've paid your balance.

WRONG! An attorney can NOT hold a client's file hostage for outstanding bills.

[want2bms]

Originally Posted by Ohiogal

Your file belongs to you.

Thank you for the information!

Once I get the file (assuming she gets around to sending it), I wonder if I'll learn anything new...

[Bali Hai]

Originally Posted by Ohiogal

WRONG! An attorney can NOT hold a client's file hostage for outstanding bills.

Another good reason that I fired that SOB!!

[want2bms]

Ok, I replied to my attorney's email, telling her that if she couldn't work out a payment arrangement with me, that I could no longer afford to pay her, but that I wanted a copy of my file. She didn't respond to the email, so I'll just have to wait and see if I receive my file in the mail... Here's hoping she doesn't let that slide too!

[LdiJ]

Originally Posted by want2bms

Ok, I replied to my attorney's email, telling her that if she couldn't work out a payment arrangement with me, that I could no longer afford to pay her, but that I wanted a copy of my file. She didn't respond to the email, so I'll just have to wait and see if I receive my file in the mail... Here's hoping she doesn't let that slide too!

If you want your file, you need to go down to her office and get it.

[Bali Hai]

Originally Posted by LdiJ

If you want your file, you need to go down to her office and get it.

And the best of luck that you will get it! You know, it seems like everyone here has a false understanding that all lawyers are perfect and will do the right thing by their client's.

I'm here to tell you that nothing could be further from the truth. You will need to watch your own @ss, because even the people you pay will not watch anybody's @ss but their own!!

[Ohiogal]

Don't count on her mailing it to you -- I would NEVER mail a file to a client. I require that all clients come to my office and sign a release when picking up a copy of their file> that way I have proof that they actually received it and they can't come back and say I never gave it to them.

[wileybunch]

Originally Posted by Bali Hai

And the best of luck that you will get it! You know, it seems like everyone here has a false understanding that all lawyers are perfect and will do the right thing by their client's.

I don't have that delusion at all. I let my first attorney go because she was a mess and she kept my retainer, saying it was a fixed fee. It certainly was not, but I didn't have the money to retain another attorney to do the immediate work AND to go after her and the 2nd attorney I retained said just to let it go, but he ended up being a real fool, made a mess. After he took a case to trial that should have been settled and he was just terrible. We ended up suing each other after that b/c this time I wasn't going to take it up the rear from another attorney and we ended up splitting the remaining bill down the middle (that was the judgment). The 3rd attorney I had I would recommend to anyone and my husband's attorney now is quite good (but very expensive), but the first 2 were really total losers. There are a lot of weirdos in Vegas and that includes at least some of the attorneys.

[LdiJ]

I had a great attorney myself. The retainer was only 1500.00, and she actually returned a few hundred to me because is wasn't all used. However I also had an attorney who respected my knowledge of law, and respected the fact that she was my "employee", even though she really didn't care for some of our agreements.

[want2bms]

Originally Posted by Ohiogal

Don't count on her mailing it to you -- I would NEVER mail a file to a client. I require that all clients come to my office and sign a release when picking up a copy of their file> that way I have proof that they actually received it and they can't come back and say I never gave it to them.

Your policy makes perfect sense. However, I'm hoping that she will mail the file because I live in a different state, and it would be a HUGE inconvenience for me to have to go pick it up. (Of course, I will if I have to!) There has been no response from her since I requested the file though, so I'll give it some time and see what happens.

As always, I appreciate your input!

[>Charlotte<]

Perhaps you could send her a pre-paid, pre-addressed, certified (requiring a signature by the addressee), return receipt envelope (or box, depending on the size of the file).