firing a lawyer

[azca]

Arizona

When firing a lawyer, will I get my file back, or has it become his property and I will have to start from scratch with a new lawyer?

 

[I AM ALWAYS LIABLE]

Arizona

When firing a lawyer, will I get my file back, or has it become his property and I will have to start from scratch with a new lawyer?

My response:

Your office file is ALWAYS your file. It NEVER belongs to, or becomes the property of, the attorney. If you want to change attorneys, you have an absolute right to do so, without any reason whatsoever. Just make sure you DEMAND that the ORIGINAL file be delivered to you or to your new attorney.

If the attorney sends you a copy of your file, make sure you object to that and DEMAND the original file. The attorney cannot ask you to pay for a copy of your file. If the attorney wants to make a copy for his own records, that expense belongs to him - - not you.

IAAL

 

[azca]

Thanks IAAL. Do I need any laws to back up my demand? I intend to let him go tomorrow. He may say "he's been so backed up, I'll get right on it...etc." This last straw is that it has taken over 2 weeks to draft a letter of demand for medical payments from the ex.

Still don't have the letter, and was charged 30.00 just to leave him a voice mail to ask him whats going on. I still have not gotten a reply from him....so, sianara Jack!

 

[I AM ALWAYS LIABLE]

My response:

Yeah, here's the law you remind him about.

You tell that shyster that if you don't have your file delivered to your doorstep within 24 hours from the date of your demand, that you're going to file a complaint against him with the Arizona State Bar, and let the Bar take care of him.

That'll get some action for you.

IAAL


Arizona Rules of Professional Conduct

Rule 42, ER subsections

ER 1.16. Declining or Terminating Representation

(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

. . .

(3) the lawyer is discharged.

. . .

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law.



[Edited by I AM ALWAYS LIABLE on 02-04-2001 at 11:47 AM]