Failure to disclose

npbsurfr said:

Northern CA:

My previous lawyer came forward with additional documents after I had replaced him by means of substitution. Apparently he failed to disclose all documents and records with my new lawyer.

I forget what it's called. What is the terminology used for an agreement that is made between a client and or representative, to the release previous attorney, to delivery all documents and records to new attorney?

Thank you for your help.

Click to expand...

Rule 3-700. Termination of Employment.

(D) Papers, Property, and Fees.

A member whose employment has terminated shall:

(1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. "Client papers and property" includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's reports, and other items reasonably necessary to the client's representation, whether the client has paid for them or not; and

(2) Promptly refund any part of a fee paid in advance that has not been earned. This provision is not applicable to a true retainer fee which is paid solely for the purpose of ensuring the availability of the member for the matter.

Click to expand...