Does my attorney have to give me my file is one of the commonly asked questions by many clients. Unfortunately, although the laws are very clear in this area, there are clients who still struggle to get their files from their attorneys.

You may have many reasons to ask the question of does my attorney have to give me my file. However, in reality, you do not need any reasons to get your file from your attorney. This is why we wanted to compile this guide for you.

In the following, you are going to learn every single detail about your question and much more!

Does My Attorney Have to Give Me My File?

Well, actually the question of does my attorney have to give me my file is quite weird. Your attorney is obliged to provide every detail about you and your case, including your files, without any conditions or requirements.

Basically, those files are your properties and you have the right to request them whenever you want. This will not be a problem at all for many lawyers and law firms. However, from time to time, clients experience problems with certain lawyers.

However, lawyers cannot have any excuse to not give you your file under any circumstance. In other words, the short answer to this question is yes.

Why May You Need Your File?

You may have numerous reasons to wonder does my attorney have to give me my file. For example, you may not want to work with that lawyer anymore because of any reason. He or she may neglect your case, may not be paying enough attention to you or case, or anything else…

You might even find a better lawyer or you just simply do not want to work with that lawyer anymore because you want to.

Clients do not have to provide any reason or excuse to request their file. In addition to this, lawyers are not obliged to give your files only to any other lawyer.

Should You Always Ask for Your File?

In fact, if you do not want to wonder questions such as does my attorney have to give me my file, you should always ask for your file. If you are actively working with that lawyer, it may be better for you to let him keep your files.

However, whenever your trial or case ends, you can request your files and keep them on your own. In addition to this, you can still request a copy of each document in your file to create your own file while actively working with that particular lawyer.

In short, yes, you should always ask for your file, which you may need at any time.

Is the File Your Property or Attorney’s Property?

People who wonder does my attorney have to give me my file usually do not have enough knowledge about their rights. This is especially true about what belongs to them or not. Most people believe your files are the property of your lawyer since he prepares them.

However, you are paying for your lawyer to take care of your case. This means that you are paying for your lawyer to prepare your documents and file. This is why the file is the property of the client but not the attorney.

This is also covered by laws and you have the right to get your file whenever you want.

Can You Still Get Your File Even If You Owe Money to the Attorney?

If you still owe money to your attorney and you wonder does my attorney have to give me my file, there is nothing to worry about. Although you may still owe money to your attorney, your attorney has no right to keep the file and not give it to you.

This can be considered a felony and if you notify your attorney with a written document about getting your file, you can even file a lawsuit against him. In such cases, working with a professional attorney can help you a lot. Any attorney can easily get your files from your former attorney only in minutes.

Can Attorney Share Your File with Others?

Your attorney cannot share your file with others but official authorities without your consent or permission. If you wonder does my attorney have to give me my file, you may want to know to who he or she can give this file as well.

If you hire a new attorney, you will be giving him or her power of attorney, which will let him or to get your file from your former lawyer without any problems. Most of the time, the communication between the attorneys will be smoother than the communication between the attorney and the client.

In case you have an ongoing case and you are planning to switch your attorney, then you need to hire one. This can make things easier for you, especially getting your file. You can always search for an attorney near me to find professionals in your area.