Right to my legal records

[Goller]

What is the name of your state? Delaware

I was using an attorney for a disability case, recently I received a letter stating he was no longer going to represent me.

My question is, in order to continue with my case, and since I'm so far along already, and I'd be unable to find counsel for the last portion, I'll need to represent myself, but would need my medical records. All medical records are still at his office. I've paid for those copies from my various doctors and do not wish to burden them again by asking for another set of copies.

Also keeping in mind I'd more than likely need to pay for them again.

But I've called my attorney several times. Only after I got angry on the phone did they decide to get him on the line rather than send me to voice mail which was the usual response.

He said he'd ring me back in three days either on a Thursday or Friday of that week, to arrange for me to "make copies".

I'm here because he usually says things which never happen, and as you may of guessed, he never called me about making those copies.

I don't really know my rights in this matter. Do I have the right to those files? They're mine, pertain to me, and I paid for those copies to be sent to him. But does he have to retain them for legal purposes since he once represented me? And if so, does he have to make them available to me to copy or can he ignore me and make me obtain new copies all over again?

I can't wait him out since if I want to add anything to the appeal that was filed I have probably about 30 to 60 days from now to do so.

One footnote, he filed my appeal for disability, then a week later dropped me. Never telling the appeals council he dropped me. Probably forgot, he's like that I think. Do I also have the right to have a copy of the appeal he filed given to me by him? I need to see it because I may want to send in one I write instead, since he wasn't very good the entire time representing me, i feel he probably filed a bad appeal with generic information and I want it to have points made that explain any inconsistencies the prior judge mentioned.

When I refer to disability by the way, I'm referring to SSA disability, if this helps understand my situation at all.

[Bretagne]

You have a right to everything in your file that is not privileged attorney work product. That means you can get back all of your medical records as well as all court documents and pleadings filed in this matter. Whether or not he'll charge you for copies and keep copies in his file, I don't know. I'd probably return all of your medical records and charge you for copies of the rest, because I'd keep copies of all paperwork filed with the court in my file.