It is the stuff of attorney nightmares. You worked diligently for years for an ­ornery client, when the client comes into the office demanding her file so she can take it to her “new” lawyer. This ­situation generally involves a client who is unhappy with the work you did, perhaps even threatening to sue you for legal malpractice. Often the client owes fees or costs. The situation is always messy. The situation is stressful. A client may insist on receiving their file right then and there.

There are any number questions an attorney will have in these situations. Do I have to give the client the file even if they have not paid my fees and costs? What do I have to give them? Do I have to give the client paper copies or can they be electronic? Do I have to turn over my notes and other work product? Do I have to hand the file over immediately if the client insists on it?

Pursuant to Pennsylvania Rule of Professional Conduct 1.16(d), dealing with the termination of the attorney-client relationship: “Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or ­incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.”