Returning a Case File?

[wnagel]

What is the name of your state? KS

I had an attorney for about 5 years for a custody dispute. We got into an argument on the way he handled the case and left on bad terms. I did owe him money and told him that I was not going to pay him due to the way he handled my case. I asked for my case file back so that I could give it to my new attorney. He refused. I explained to him that I needed the case and it would cost me a lot to duplicate the paperwork in this file. That with-holding this case file would be detrimental for my future hearings. He said to pay your bill in full first. Does he have a right to hold my case file as collateral until his bill is paid in full, with interest?

[stevek3]

Originally Posted by wnagel

What is the name of your state? KS

I had an attorney for about 5 years for a custody dispute. We got into an argument on the way he handled the case and left on bad terms. I did owe him money and told him that I was not going to pay him due to the way he handled my case. I asked for my case file back so that I could give it to my new attorney. He refused. I explained to him that I needed the case and it would cost me a lot to duplicate the paperwork in this file. That with-holding this case file would be detrimental for my future hearings. He said to pay your bill in full first. Does he have a right to hold my case file as collateral until his bill is paid in full, with interest?

Typically, yes. He did all of the work that's in the file. Why should you get the work he performed for you for free? If you want to avoid paying him, and obviously you do, then go to the courthouse and make copies of the case file that's filed with the court. Otherwise, pay the guy.

And please, spare me the serenade about what he supposedly did or didn't do. In child custody cases, there's approximately a 0% satisfaction rating. Usually not because the lawyer doesn't do the job. Rather, it's usually because the client is a self-centered royal pain in the rear. Which is usually the very same reason that he or she is even embroiled in a child custody dispute in the first place.