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If I switch attorneys, does my prior lawyer have to give me my file?
Technically, no, but in a practical sense, yes.
The first thing the legal consumer needs to understand is that, although a particular file in your lawyer’s
office may be labeled with your name and contain the information pertaining to your case, the file itself
and its contents are the personal property of the attorney. Florida case law is clear that a file generated
by a lawyer is the property of the lawyer rather than the client. See, Dowda and Fields, P.A. v. Cobb, 452
So.2d 1140 (Fla. 5th DCA 1984). Therefore, other than any original papers and documents that you may
have directly given to your lawyer, he or she is not obligated to provide you with the original case file.
However, under the Rules Regulating The Florida Bar (“The Rules”), a lawyer has an ethical obligation to comply with the reasonable request of a client or former client, for copies of information from the file that would serve a useful purpose to the client. The client, however, bears the cost of reproduction. See Florida Ethics Opinion 71-37 [since withdrawn on other grounds] and Florida Ethics Opinion 88-11.
Several of The Rules address a lawyer’s obligation to provide a client with file information. Rule 4-1.4, requires a lawyer to keep a client reasonably informed about the status of their matter and to promptly comply with a client’s reasonable request for information.
Rule 4-1.16(d) requires a lawyer to protect a client’s interests when terminating a relationship by providing papers and property to which the client is entitled. See, The Florida Bar v. Varner, 992 So.2d 224 (Fla. 2008).
(Failure to provide successor counsel with a copy of client’s file violated Rule 4-1.16(d).) In Florida Ethics Opinion 02-3, citing Rule 4-1.16, the ethics committee reiterated that a lawyer must take steps to protect a client when withdrawing from representation, including providing copies of necessary documents.
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While your former lawyer has a duty to provide you with the necessary documents and other information needed for continued representation, your lawyer doesn’t have to provide you with everything in the file. No Florida ethics opinion or rule specifies what information must be provided to a former client. However, the American Bar Association and ethics committees from other states have commented on what information should be supplied. In general, your lawyer must provide you with your own property, such as original documents you previously gave to your lawyer, and your lawyer should also likely provide the following:
Your lawyer should provide the following:
• Pleadings or other documents filed with a court or other tribunal;
• Executed instruments signed by you as the client or prepared for your use;
• Discovery paid for by you;
• Legal opinions issued at your request;
• Billing statements; and
• All other information that the lawyer deems necessary to protect your interests.
However, a client or former client is generally not entitled to:
• information concerning another client;
• internal work product such as conflict checks, work assignments, personal notes and impressions, legal
research and memorandums;
• drafts of documents;
• unexecuted documents; or
• consultations regarding malpractice or ethics.
Regardless of the representative list above, the particular facts of a matter will dictate what is necessary to satisfy the overarching duty under The Rules to take steps “reasonably practicable to protect the client’s interests”. As the client, you should be reasonable and only ask for copies of what you actually need. Also, be prepared to promptly pay the attorney any reproduction costs for the material, especially if you are replacing the attorney from whom you are requesting the information.
On the flipside, the attorney who possesses the information should respond in a timely manner and must only charge you an amount that reasonably reflects the actual cost incurred to reproduce or otherwise access the material. See Also, Florida Ethics Opinion 06-1 (files stored electronically should be easily reproducible and a lawyer may charge reasonable copy charges for reproducing copies of documents).
So, to summarize, your current or former lawyer does not have to give you “your file” because it’s the lawyer’s file, not yours. However, you do have a right to a copy of all pertinent information contained in your file if you are willing to pay the cost of reproducing the information.
Contact us today for a consultation and let us guide you through every legal step with the care and attention your family deserves.
With years of experience, we help families navigate the complexities of the legal system, ensuring that everything is in place to bring your family together. Our firm takes pride in providing personalized attention to each case, tailoring our services to meet your unique needs and circumstances. At Brewer Law, you’re not just a case number—you’re part of a family, and we’re honored to assist you on this important journey.