who pays to copy attorney file

Can a lawyer charge a client for a copy of documents?

Sep 20, 2016 · 3 attorney answers. You are the client, and it is YOUR file. You are entitled to the original file, the entire file. If the attorney wants to make a copy, the attorney can do so at the attorney's own expense (unless your retainer agreement says that you agree to pay for the photocopying costs). The California Rules of Professional Conduct require an attorney to return …

Do I have to pay for a copy of my file?

Apr 10, 2015 · Your attorney should not charge you a fee for copying the documents in your file. This is a valid and necessary step; the attorney will need create a duplicate set that he or she retains for record-keeping reasons. Yo u may, however, have to pay shipping expenses.

How much does it cost to copy a client's files?

Apr 15, 2019 · You should expect to pay lawyers a reasonable fee for bulk-copying. However, the California Rules of Professional Conduct states that attorneys must return all the client's original papers and property to the client at the end of the case or term of representation. The complete original file is the client's property.

How do I get a copy of my file from my lawyer?

Oct 26, 2014 · Under circumstances where a client refuses to sign a Substitution form and yet still demands their file, it seems reasonable that the attorney charge the client for copying the file at that point in time although for the attorney to demand advance payment of the copying costs (which can be considerable in high-conflict family law actions) is ill-advised.

Who owns a client file?

Usually the client owns documents: they sent to your firm, except where ownership was intended to pass to your firm. sent or received by your firm acting as the agent of the client.

Can you request your files from your lawyer?

You can ask your lawyer to send the files directly to you or your new attorney, in which case the safest way to make the request is in writing, via letter or email. ... Your attorney should not charge you a fee for copying the documents in your file.Apr 9, 2015

Is client entitled to work product?

The client is entitled to all papers and property the client provided, all litigation materials, all correspondence, all items the lawyer has obtained from others, and all notes or internal memorandums that may constitute work product.

How long are attorneys required to keep files in NY?

seven yearsDisciplinary Rule 9-102(D) of the Code of Professional Responsibility requires lawyers to keep certain documents for “seven years after the events which they record…” These records include such things as trust account records, copies of all retainer and compensation agreements, bills to clients, and records of payments ...

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Can a solicitor charge for copying a file?

A word of warning, it is legitimate for solicitors to charge the other side for providing copies of documents. If your solicitor is charged copying by the other side they are entitled to pass the cost on to you (as long as it was not replacements for pages they lost or spilt coffee over).

Can a lawyer yell at a client?

Have you ever seen a lawyer yell at their client? Yes. In fact, I have more often seen an attorney yell at their client than not yell at their client. People hire attorneys and somehow think they get to tell them how to do their job.

Is an attorney an agent for his client?

A lawyer acts on behalf of the client, representing the client, with con- sequences that bind the client. Lawyers act as clients' agents in trans- actional settings as well as in litigation. ... Lawyers are agents, but lawyers perform functions that distin- guish them from most other agents.

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

How long should Lawyer retain files?

Rule 119.37 of the Rules of the Law Society of Alberta requires law firms to keep financial records for ten years, following the fiscal year in which the file was closed.

How long should you keep legal files?

The Model Rules suggest at least five years. See Model Rule 1.15(a). Many states set this requirement at six years, and some set it even further out. However, for certain types of legal matters, you must keep the files even longer.Nov 27, 2019

What is a closed file?

n. A file containing records generated by a process that has been completed and to which additional information is not likely to be added; a cut-off file. A file to which access is not allowed.

What is factual work product?

As a client, you're absolutely entitled to factual work product concerning your case, such as deposition testimony, correspondence, and court filings . These materials are crucial to getting your new lawyer up to speed on a case. For example, if you are in the midst of litigation but trial has not yet occurred, you will want all discovery, motions filed, and documents produced by the other side.

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.

How to pay retainer fees?

Make sure that your contract includes the details of: 1 Contract – The agreement should list the total amount of any retainer deposit that you pay upfront. It should also state when you need to pay additional fees, if necessary. 2 Hourly Fee – Don't look only for the hourly rate of your lawyer on the agreement. Make sure you also see a description of the different hourly rates for each person who might contribute to your case. Ask for your payment schedule. Ask if you get a discount for early payment or if you pay penalties for late fees. 3 Contingency Fee – In a contingency case, the lawyer profits by the percentage they earn upon winning the case. The lawyer's contingency percentage and the payment-collection process should appear clearly outlined in your agreement. Sometimes, a lawyer will not collect any fees from you if they lose a contingency case, such as in personal injury disputes. In other situations, they may demand payment from their client only if they lose the case. 4 Costs of Suit – Check for clear terms to describe who pays for all of the different litigation costs involved. You should anticipate possible charges for court appearances and filing fees, hiring a private investigator, the cost of bringing in an expert witness, costs for officially serving and delivering legal documents, and travel fees.

How to avoid disagreements with your attorney?

Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.

What is contingency fee?

An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.

Do lawyers charge retainers?

Sometimes lawyers may charge a retainer if they find themselves in high demand. Other lawyers who work more quickly and efficiently may see no need for charging you a retainer fee. Call different lawyers in your area to see if retainers are standard practice for your particular case.

What is statutory fee?

A statutory fee is a payment determined by the court or laws which applies to your case. You'll encounter a fixed statutory fee when dealing with probate or bankruptcy, for example.

What to ask when hiring an attorney?

When hiring your attorney, ask for a detailed written estimate of any expenses or additional costs. They may itemize each expense out for you or lump their fees all together under different categories of work. Lawyers may bill you for: Advice. Research.

1 attorney answer

Under the rules of professional conduct for attorneys in Arizona, they cannot charge you for the first copy of your file.

Taylor House

Under the rules of professional conduct for attorneys in Arizona, they cannot charge you for the first copy of your file.