L-R: Diana C. Manning, Kyle A. Valente, and Benjamin J. DiLorenzo of Bressler, Amery & Ross. Courtesy photos Whose File Is It? The Ethics of Returning a Client's File and Property
There is often confusion about what property/documents attorneys must retain and what must be turned over to the client when the engagement ends. This article examines the scope of an attorney's duty to turn over certain materials to a client upon termination or withdrawal and discusses potential consequences from a failure to fully comply with these responsibilities.
June 09, 2023 at 11:40 AM
8 minute read
Ethics
An attorney-client representation may terminate for any number of reasons. Some common examples include natural resolution of the matter for which the attorney was engaged, an irretrievable breakdown in the attorney-client relationship, a client's failure to pay legal bills or an attorney's firing due to client dissatisfaction. Regardless of how the representation ended, an attorney's obligations to his client do not end there. There is often confusion about what property/documents attorneys must retain and what must be turned over to the client when the engagement ends. This article examines the scope of an attorney's duty to turn over certain materials to a client upon termination or withdrawal and discusses potential consequences from a failure to fully comply with these responsibilities.
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