Subject to a protection order or non-disclosure agreement, immediately surrender all title and ownership of the Client to the Client at the Client`s request. “Client Documents and Property” includes correspondence, pleadings, transcripts of testimony, evidence, physical evidence, expert opinions and other material reasonably necessary for the representation of the Client, whether or not the Client has paid. If a client no longer wishes to use the legal services of their current lawyer, what is the lawyer`s obligation to return the client file to the State of California? When we look at ABA Model Rule 1.16(d), we learn that a lawyer must “hand over the documents and property to which the client is entitled.” No. The lawyer can only bear the costs of making a set of copies in order to keep them as his own file of the file. However, if the lawyer has represented more than one client in the same matter, she may return the original file to the client so that the other clients may agree to receive the original file, and the other clients may make their own arrangements to obtain a copy of the file. If clients cannot agree among themselves on which client should receive the original record, the lawyer may return the record to the client whom the majority of clients designate as the person who will receive the file, or the lawyer may retain the record until the lawyer receives written consent from all clients or a court order stating that: to whom it must give the original file. The Minnesota Supreme Court has concluded that if a lawyer copies the client`s file at the end of the performance, the copy is truly to the lawyer`s advantage (for example, to defend against professional misconduct or ethics complaints). In the absence of a written agreement authorizing the prosecution, the lawyer must hand over all items belonging to the client free of charge. What are Minnesota`s rules for sharing client files? ABA Model Rule 1.16(d) states that when handing over documents and property to which the client is entitled, “counsel may retain documents relating to the client to the extent permitted by other laws.” The term “other right” generally refers to a common law that retains a lien or another statute that allows the lawyer to retain a record as security for a fee. However, government rules trump model rules. Who is authorized to retain original documents obtained, submitted or exchanged on behalf of all clients? Many lawyers feel that they only need to provide the written record. However, in 2007, COPRAC issued a formal opinion 2007-174, which states in part that the ABA Standing Committee on Ethics and Professional Responsibility supports the final product approach.

In its formal opinion 471, the Committee noted that the final product approach, although the minority approach, is the most functional approach. The Panel argued that draft documents and other discussion papers often have relatively little value to the client and that it is difficult for counsel to catalogue and store them. The committee considered certain circumstances in which counsel could be asked to provide the results of his work. For example, the Panel noted that if the representation ends before the case is closed, the protection of the client`s interests may force counsel to present a work result. Jorgenson advises lawyers to separate the client`s originals from the file and return them to the client at the end of the performance or, if necessary, to keep them if the rest of the file is destroyed. The lawyer must communicate the retention policy at the beginning in a pre-employment contract and/or at the end of the representation in a closing letter. Jorgenson adds, “Informing the client of the company`s retention period may make the request for records unreasonable, or at least less reasonable, after the retention period has expired.” Lawyers may only charge a client for the reasonable cost of copying or retrieving his or her record if they have entered into a written fee agreement at the outset authorizing such fees. Charging Customer such fees without Customer`s prior written consent is contrary to Rule 1.16(f). Under model rule 1.15, the ABA stipulated that the lawyer must return all property that came into his possession in the course of the representation. This includes physical personal property; items that have intrinsic value or valuable rights, such as securities, negotiable securities, wills or deeds; and all documents provided by the client. It is also important to take into account the current state of affairs. If you have notes, research, and draft legal documents that you have not yet filed, the new lawyer may need these elements to continue to represent the client`s best interest.

Of course, you may have noticed that California Rule 1.16 is quite descriptive and includes correspondence, memoirs, and other writings.