Recovery of Discovery!

[Puffdragon]

What is the name of your state? Kansas

A family have requested the discovery file (of an old case) from their son's attorney. He is still in possession of it, but refuses to hand it over saying that the client has no rights to it. Where do we go from here? Isn't the client entitled to this file? I understand that we can file a bar complaint or a motion to compel - right? If so, how. The family are out of money and would have to proceed pro se if possible...

The case is actually several years old. The defendant, sadly pleaded guilty on the advice of the above attorney and ended up serving a cusodial sentence.

We now want to view the discovery file as the plaintiff is making the same allegations against another young guy.

TIA.
Puff...

[Ohiogal]

Originally Posted by Puffdragon

What is the name of your state? Kansas

A family have requested the discovery file (of an old case) from their son's attorney. He is still in possession of it, but refuses to hand it over saying that the client has no rights to it. Where do we go from here? Isn't the client entitled to this file? I understand that we can file a bar complaint or a motion to compel - right? If so, how. The family are out of money and would have to proceed pro se if possible...

The case is actually several years old. The defendant, sadly pleaded guilty on the advice of the above attorney and ended up serving a cusodial sentence.

We now want to view the discovery file as the plaintiff is making the same allegations against another young guy.

TIA.
Puff...

The family have no rights to the file> The client has rights to the file> The family were not clients of the attorney.