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Old 01-10-2006, 02:02 PM
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Join Date: Feb 2004
Location: Overland Park, KS
Posts: 91

Another - Attorney Refuses to give back file


What is the name of your state? KS

I had a divorce attorney for 5 years. At the end I did owe him some money and he told me that I could not have my case file until I'm paid up. Well, I filed bankruptcy last month and now owe him nothing. I now asked for my case file. He now tells me that I must pay a "document retrieval fee" for each document. Heck, my case file is probably 3 or 4 boxes full. Yes, I realize that he is pissed that I stuck him with a bankruptcy. My question is:

1) Can he charge me a retrieval fee or be selective for what he gives me back?
2) Where do I find the actual law, to find out if in Kansas he can do this and what the rules are?
3) Being that I told him that I have an important hearing in 3 weeks and need these documents, is there any damages by him, by refusing to give me my documents?
4) Will the Kansas Bar really do anything?
  #2  
Old 01-10-2006, 02:12 PM
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Join Date: Oct 2001
Location: california
Posts: 7,789
do you have another attorney representing you? If yes, have your new attorney deal with your old attorney.

If you are representing yourself, contact the State Bar and file a complaint against your former attorney. That will get him to comply quickly.
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