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Work Product

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LIGHTHOPE

Junior Member
What is the name of your state (only U.S. law)? CA
* This seems to be the 'best fit' as far as categories go for this question- Apologies if in the wrong place*
This pertains to research, documents, records of communications with OP and misc. letters written and sent on behalf of client- I am not a lawyer- Client has a mess of a situation that has taken many work hours to muddle through. Paperwork has been a detailed task, as has the research for determination of what recourse and remedy he may be able to take. I have spent out of pocket for certified mailings, several of them, as well as filing fees for documents. He used to pay me a small regular pmt each week, although it hardly made a dent in his bill, it was better than nothing. About a year ago he ceased payments but expected my services to continue with a verbal promise to pay when things got straightened out. I did continue to compile info and write his letters. He has a scheduled meeting with OP end of June.
He called last week and is demanding his file because he has someone who will finish the work for free. I have put more than 4 years into this case(nightmare) and am feeling a bit reluctant to just hand over all my hard work. I know he is entitled to his original file and for sure anything that he has paid for, but what about the work that he hasn't paid or reimbursed my costs on? Total unpaid invoices over the 4+ years amount to $15,520, and while I'm not sure I'd ever see the balance paid off in entirely, I'm afraid if I hand over the work I won't see a cent... What are my rights to the work product?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? CA
* This seems to be the 'best fit' as far as categories go for this question- Apologies if in the wrong place*
This pertains to research, documents, records of communications with OP and misc. letters written and sent on behalf of client- I am not a lawyer- Client has a mess of a situation that has taken many work hours to muddle through. Paperwork has been a detailed task, as has the research for determination of what recourse and remedy he may be able to take. I have spent out of pocket for certified mailings, several of them, as well as filing fees for documents. He used to pay me a small regular pmt each week, although it hardly made a dent in his bill, it was better than nothing. About a year ago he ceased payments but expected my services to continue with a verbal promise to pay when things got straightened out. I did continue to compile info and write his letters. He has a scheduled meeting with OP end of June.
He called last week and is demanding his file because he has someone who will finish the work for free. I have put more than 4 years into this case(nightmare) and am feeling a bit reluctant to just hand over all my hard work. I know he is entitled to his original file and for sure anything that he has paid for, but what about the work that he hasn't paid or reimbursed my costs on? Total unpaid invoices over the 4+ years amount to $15,520, and while I'm not sure I'd ever see the balance paid off in entirely, I'm afraid if I hand over the work I won't see a cent... What are my rights to the work product?
What capacity were you working as? Were you doing work he would have his attorney do?
 

LIGHTHOPE

Junior Member
The capacity I worked as with regards to the OP would be best summed up as "authorized representative" (have signed waiver and consent release for info and communication) and pertaining to his case directly, researcher, information consultant.
As I stated, I am NOT an attorney.
 

Antigone*

Senior Member
The capacity I worked as with regards to the OP would be best summed up as "authorized representative" (have signed waiver and consent release for info and communication) and pertaining to his case directly, researcher, information consultant.
As I stated, I am NOT an attorney.
Bottom line it is his material. You need to return it. You can sue him for the money he owes you.
 

Bruno

Member
Are you in possession of any written agreement pertaining to your work with OP or proof of the aforesaid "verbal promise"?
 

tranquility

Senior Member
Ethics is what a professional's duties are as to work product and the like. Here you have no professional ethics concern, so you don't have to return anything you worked on.

As to his stuff which was handed over, a bailment was created. He could sue you for conversion if you don't return things which are his. However, the usual measure of damages is the value of the item. Here, just papers. I am uncertain as to if you could be sued for any substantial amount, but it would still be better to turn over his stuff to him out of fear of punitive damages.
 

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