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Does your file supposed to contain more info than from the unemployment office?

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primetime2832

Junior Member
What is the name of your state (only U.S. law)? Florida

When it is returned to you by your law firm?

My Florida overtime law firm (that I was under a contingency agreement with) recently dismissed me due to "behavioral issues". My file was just sent to me from their office. I was surprised that it only contained information from the Agency for Workforce Innovation (that oversees unemployment in Florida) and nothing in regards to what they have done on my case. They have handled my case since November of last year and it was about to go into lawsuit, so there was or should have been a lot of work done.
 
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Beth3

Senior Member
Yes, it should have contained copies of all work done by the attorney up to the point they dismissed you - copies of any correspondence to the State, the attorney's notes, any legal filings he/she did on your behalf, and so on.

Contact the law firm again and tell them your file is missing copies of the attorney's work product. If they still don't provide it to you or say it doesn't exist, the contact your State Bar Association and file a complaint.
 

eerelations

Senior Member
Yes, it should have contained copies of all work done by the attorney up to the point they dismissed you - copies of any correspondence to the State, the attorney's notes, any legal filings he/she did on your behalf, and so on.
Just curious - does this apply even though the OP hasn't paid the attorney?
 

eerelations

Senior Member
Yes I obviously know that! The OP's statement that it was a contingency based relationship is exactly what led me to believe that the OP hadn't paid the attorney. (That and the OP's strong implication that the case hadn't been fought and won yet as evidenced by his/her statement "about to go into lawsuit.")

I'd still like to know if the attorney is still required to turn over the entire file to the OP if the OP hadn't paid him.
 

Beth3

Senior Member
Just curious - does this apply even though the OP hasn't paid the attorney?
Yes. Ethics rules for attorneys don't allow an attorney to hold the client's file hostage. The attorney is required to turn over the entire file to the client or to whomever the client directs the lawyer to (such as new counsel.) These days, many clients' files are electronic with very few paper documents in a client's file. If that's the case here, the attorney should have printed all those documents out and/or given the OP his/her file in electronic format on a disc.

If it's a contingency fee arrangement, then the first attorney is entitled to an appropriate portion of any settlement or judgment when that occurs.
 

eerelations

Senior Member
OK thanks. I was just thinking that if the attorney hasn't been paid then the file contents aren't the OP's property yet. But if the attorney gets paid eventually (if the case is followed through upon and won), that solves that issue.

Thanks again.
 

Beth3

Senior Member
The contents always belong to the client. I'm not a lawyer but I did work in a law firm for four years and learned a few things about the legal profession and ethics rules and standards.

If it was a matter taken on contingency, then nobody will get paid unless the claimant prevails.
 

commentator

Senior Member
What I believe he has there is the wage records submitted to the state by his employer for unemployment tax purposes. These records can be obtained by the individual or the attorney with a very modest investment of time. They will show the wages the employer is claiming to have paid to the indiviual in the quarters in question.If they didn't spend any more time than this on the case, they didn't do very much.
 

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