If your prior attorney has your court records to a case that is unresolved and the case is going to be transfered to another state and the attorney refuses to give them to you until you have paid her in full, what can you do about this? She did not do a good job for me so I have to get another attorney.
2007-05-28 07:31:25 · 5 answers · asked by moe 1 in Politics & Government ➔ Law & Ethics
Well, you can pay her the balance!
You can't just refuse to pay because you don't like the "job" somebody did.
Many states allow attorneys to retain client files until paid; some do not if the client needs them to defend themselves; Depending on the state and the posture of your case you may have to pay and then sue for any refund you may be entitled to.
2007-05-28 07:41:42 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Actualy, IF you can find a new attorney who will take your case in the middle of proceedings, and IF the new attorney doesn't mind your track record in not paying your bills, then once you fire your old attorney (through a notice of dismissal) and the new attorney files a notice of appearance for you, he/she can request the records from the old attorney.
The files however, are considered 'work product' and belong to the old attorney. And there is no compelling law which will require them to turn over the files.
If there was anything filed in your case it is available as public records and anyone can get a copy.
This boils down to until you pay for the work, it belongs to the person who generated it.
2007-05-28 15:17:05 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
don't get in the habit of not paying your attorney's it follows you with credit history. they have your life in there hands depending on what they want, it is not right for a greedy attorney to do this, Some of your story is missing so I would not comment on this too much.
2007-05-28 14:41:19 · answer #3 · answered by choices 2 · 0⤊ 0⤋
get the new attorney and ask. I believe the new attorney can have the previous records subpoenaed.
2007-05-28 14:33:54 · answer #4 · answered by Jellybean 4 · 0⤊ 0⤋
Pay her for the work she did. You may not like the results of the work but she did do it.
2007-05-28 14:55:10 · answer #5 · answered by mnwomen 7 · 0⤊ 1⤋