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An attorney has an ethical obligation, upon demand, to promptly provide a client with the contents of the file belonging to the client. What the client may be entitled to receive depends upon the nature of the work, the agreement between the attorney and client and the particular circumstances of the case. As a general rule, however, a client is entitled to:
- All documents provided to the attorney;
- All documents or responses acquired by counsel through the discovery process;
- All correspondence in pursuit of the client’s interest;
- All notes, memoranda, briefs, memos and other matters generated by counsel bearing on the client’s business and resulting from the employment of counsel.
Though counsel may retain copies of the file, absent an agreement from client, such copies must be made at counsel’s expense.
This page was last modified on Tuesday, April 3, 2012