how long does an attorney have to provide my file massachusetts

“If the client has not requested the file within six years after completion or termination of representation or within six years after a minor reaches the age of majority, the file may be destroyed.” Rule 1.15A (c). Again, limited exceptions are found in sections (d), (e), and (f).

Full Answer

How long does a criminal defense attorney retain a client's files?

Jun 07, 2018 · Except for materials governed by paragraphs (d), (e) and (f), a lawyer shall take reasonable measures to retain a client’s file in a matter until at least six years have elapsed after completion of the matter or termination of the representation in the matter unless (i) the lawyer has transferred the file or items to the client or successor counsel, or as otherwise directed by …

How many times can you inspect a personnel file in Massachusetts?

Jul 13, 2018 · “If the client has not requested the file within six years after completion or termination of representation or within six years after a minor reaches the age of majority, the …

What are the penalties for violating the Massachusetts personnel file law?

You have five days from the day you gave a copy to the plaintiff to get the original to the court. You can file your answer at court first, but you must give your answer to the plaintiff the same …

What are the medical records obligations in Massachusetts?

Jan 01, 2019 · Workers who think their rights were violated can file a complaint with the Attorney General's Fair Labor Division. They can file a complaint even if they agreed to work for less …

When did the Massachusetts Rules of Professional Conduct become effective?

This new rule is effective September 1, 2018. You can view the new rule, here and read what Bar Counsel has to say about the new rule, here.

Do you have to address retention in a letter?

Yes, the Rule specifically encourages you to do so. Furthermore, best practice is to also address retention in your final communication (i.e. closing letter or disengagement letter), specifically, “where particular arrangements for disposition or transfer have not been made”. Rule 1.15A, Cmt 1.

Do you have to turn over documents if you have a contingency fee agreement?

If the client agreed in the fee agreement to pay for investigatory or discovery documents and has not, you are not required to turn over those documents. Under a contingency fee agreement, you need only turn over work product for which the client has paid.

When did Rule 1.15A become effective?

This new rule is effective September 1, 2018.

How long do you have to give a copy of a court order?

Mail or deliver the original answer to the court clerk. You have five days from the day you gave a copy to the plaintiff to get the original to the court.

How long do you have to answer a summons?

You have five days from the day you gave a copy to the plaintiff to get the original to the court. You can file your answer at court first, but you must give your answer to the plaintiff the same day you fill out the certificate of service. File the Answer in the same court that is at the top of the summons form. It should say:

How long do you have to mail a copy of a certificate of service?

Mail or deliver the original answer to the court clerk. You have five days from the day you gave a copy to the plaintiff to get the original to the court. You can file your answer at court first, but you must give your answer to the plaintiff the same day you fill out the certificate of service.

How often do you have to pay hourly?

A worker’s pay (or wages) must include payment for all hours worked. Hourly workers must be paid every week or every other week (bi-weekly). The deadline to pay depends on how many days an employee worked during one calendar week. Scroll left. Scroll right.

Can you file a complaint against a worker who violated their rights?

Workers have the right to be paid for all the time that they work and to be paid on time. They must get paystubs and be able to see their employer's record of their hours and pay. Workers who think their rights were violated can file a complaint with the Attorney General's Fair Labor Division. They can file a complaint even if they agreed ...

When do you have to pay in full after you quit?

Number of Days Worked. Deadline to Pay. Workers who quit their jobs must be paid in full on the next regular payday or by the first Saturday after they quit (if there is no regular payday). Workers who are fired or laid off must be paid in full on their last day of work.

How many hours do you have to work to get overtime?

Most employees who work more than 40 hours in any week must be paid overtime. Overtime pay is at least 1.5 × the regular rate of pay for each hour over 40 hours.

How often can an employee inspect a personnel file?

Employers must make the personnel file available to an employee within 5 business days after a written request by the employee.

How long does it take to notify an employer of an addition to their personnel record?

Employers are required to notify workers within 10 days when any addition to their personnel record is made, if that addition could negatively impact the employee’s employment status, pay, salary increase, prospects for promotion, transfer or training, or if the information could result in disciplinary action.

How long do you have to keep personnel records in Massachusetts?

The Massachusetts personnel records prevents employers with more than 20 employees from throwing away or deleting information from the personnel file until three years after the date that the employee quits.

What information is required in a job file?

However, for employers with 20 or more employees, the law requires that they include a particular list of information in the file, which includes: The name, address, date of birth, job title and description. Rate of pay (i.e. salary or hourly rate) and any other compensation paid to the employee.

Can a former employee request a personnel record?

So, a former employee can also request and receive their personnel records under this law. An employer with 20 or more employees must also maintain any portion relevant to a pending administrative or court case, even if that exceeds three years.

What does a landlord have to do with an apartment in Massachusetts?

Whether a lease or a tenancy-at-will, the tenant must pay rent, follow the rules agreed upon with the landlord, and accept responsibility for any damage to the apartment that is more than just “normal wear and tear." The landlord must provide an apartment that is safe, clean, and in compliance with the Massachusetts Sanitary Code , and must keep any promises in the lease or rental agreement.

What is the landlord's responsibility in Massachusetts?

The landlord must provide an apartment that is safe, clean, and in compliance with the Massachusetts Sanitary Code, and must keep any promises in the lease or rental agreement. Regardless of the tenancy type, the tenant has a right to occupy the apartment and the landlord may only enter under certain circumstances.

How long does a tenancy at will last?

A tenancy-at-will does not last for any set amount of time and does not end on a certain date, the way a lease does. In a tenancy-at-will the tenant pays the agreed-upon rent each month for an indefinite period of time. Either the landlord or the tenant can decide to end the tenancy by giving the other party notice either 30 days ...

How long does it take for a landlord to change the rent?

In this type of agreement, the rent can change within the same 30 days or one month before the tenancy ends.

Do you have to hand over documents to an attorney?

Upon request, an attorney is required to promptly hand over the contents of your case files. Under the American Bar Association's Model Rule 1.16 (d) (which has been adopted by most U.S. states), an attorney must, to comply with ethical and professional standards, " [surrender] papers and property to which the client is entitled and [refund] any advance payment of fee or expense that has not been earned or incurred" as soon as the representation is terminated.

Do old lawyers deserve more money?

You may feel that your old lawyer doesn't deserve any more money. But you need to weigh these costs against the harm that could be done to your legal interests if your old lawyer acts in bad faith and holds documents hostage. It might be better to pay your bill in order to facilitate a clean break of the relationship.

How long does a physician have to provide a copy of a medical record?

Under HIPAA a physician has 30 days to provide the patient or the patient’s representative with a copy of the requested medical records; however, if the medical records are not maintained or are not accessible on-site, then a physician has 60 days to provide the records.

How long do you have to keep medical records for a minor?

If a patient is a minor on the date of the last visit, then the physician must maintain the pediatric patient’s records for a minimum period of either seven years from the date of the last patient encounter or until the patient reaches the age of eighteen, whichever is the longer retention period.

Who can request a copy of a patient's medical records?

The records can be requested by a patient, the patient’s parent (if a minor) or legal guardian, or, with patient authorization, by another physician or any person authorized by the patient. Health care providers must provide patients, upon request, with an opportunity to inspect their records, receive a copy of their records, ...

Do you have to provide a copy of your medical records to a third party?

Health care providers must provide patients, upon request, with an opportunity to inspect their records, receive a copy of their records, or receive a copy of any previously completed report required for third party reimbursement. Patients are entitled to a copy of their complete records, including records transferred from previous physicians.

How long does it take to get medical records from a physician not covered by HIPAA?

Physicians not covered by HIPAA must produce medical records in a “timely manner.”. The Board has interpreted “timely manner” as being two to three weeks.

Do psychotherapists have to provide a medical record?

However, if, in the physician’s reasonable judgment, providing the entire medical record would adversely affect the patient’s well-being, the provider may provide a summary of the record. If the patient continues to request the entire record, the physician may make it available to either the patient’s attorney, with the patient’s consent, or to another psychotherapist, as designated by the patient. G.L. c. 112, § 12CC and 243 CMR 2.07 (13) (e).

Does HIPAA require a fee for copying?

Permissible Rates for Copying Records. Under HIPAA a physician may only charge a “ reasonable, cost-based fee,” which can only include the cost of copying (including supplies for and labor of copying) and postage, if the records are mailed.