Getting the file back
Whether you have a legal malpractice case often turns on the lawyer's file, all the drafts and letters and memos that are in there. The file is a reflection of what the lawyer did or did not do, the good and the bad. When lawyer/client relations deteriorate - a legal malpractice suit is in the air - a lawyer may decide to withhold the file from the client.
You should know that you have an absolute right to see your file and to get a copy of it. The ethics rules that govern lawyers make this clear. The file is, in reality, your file, too, and no lawyer may deny you access to your file. This is so even if your bill is not paid current.
But having the right to your file is not the same as actually having your file. Quite often the first tussle in a legal malpractice case is over getting a copy of the file. A straight-forward written request should suffice. Write them that Ethics Opinion 554 requires them to give you a copy of your file. If that does not bring results, then contact me and if I think I can help you, I will get the file.
The file is evidence, often the best evidence, of what went wrong. Conversely, the file may show that despite appearances, all was properly handled. Either way, almost all legal malpractice cases begin with a thoughtful and professional review of the file.
Getting the file back
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