Who pays for copies of file?

[mtpockets]

What is the name of your state? CA

My former attorney screwed up my case, and then withdrew. At first she refused to turn over the files, but then relented.

Now that I have filed suit against her, she is insisting that I pay to have the files copied. If she had given me copies as she went along, I would already have had copies and would not have asked her for the files in the first place.

Her agreement says that the client will pay for copies if the attorney wishes to retain copies. She said nothing about copies at the time she turned over the files. The issue came up for the first time when I commenced discovery.

Can she insist I pay for copies now?What is the name of your state?

[weenor]

Lawyers typically charge for copies whether the information is sent on a continual basis or at the end. I doubt any judge would have a problem with that.

[Dandy Don]

Discuss this with your new attorney--there may be an option for the files to be automatically transferred (without charging for copies) if a new attorney takes over your case. How much is she going to charge per page--is it a reasonable fee or unreasonable? About how many pages are going to be copied?

[garrula lingua]

California requires attornies to turn over the file to clients; the attorney can't hold the file for ransom of any kind - including 'copy fees'.

Call the California Bar (google, it's ca.bar); advise the attorney you are reporting her - you should get your files, pronto (no charge).

IMHO, all attornies who elect to keep copies of their files after they have been 'substituted', should be doing so at their expense.

[mtpockets]

I have filed suit against her and served her with written interrogatories and a request for production of documents.

One of the documents I requested is a pleading from the opponents charging her with unethical behavior. She recently turned this over, but charged me $0.20 per page.

She has now filed for a protective order stating that she needs copies of everything she turned over to me after she withdrew in order to respond to my interrogatories. I already have copies of some things and can simply hand them over. But I have to make copies of other documents that were not made available to me until after she withdrew.

The documents she is requesting have nothing to do with my written discovery requests. I believe she is falsely claiming she needs them in order to impede my discovery attempts.

It sounds like I do not have an obligation to pay for copies of everything.

Thanks for all of your responses.