Attorney File Retention Rights

Summary

In New York, attorneys must return client files upon request unless there are unpaid fees. They can retain copies for records but cannot withhold files if it prejudices the clients case. Unpaid legal fees include outstanding balances for services, filing fees, court costs, and unreplenished retainer fees.

Full Conversation

does the attorney have the right to hold a file
Hi Leslie! In New York, an attorney generally does not have the right to hold your file if you've requested it, unless there are unpaid fees. Here are some key points:
- Attorneys must return client files upon request.
- They may retain copies for their records.
- They can withhold files for unpaid legal fees, unless it prejudices the client's case.
Do you need more specific information on your situation?
what is considered unpaid legal fees
Unpaid legal fees generally include any outstanding balance for services rendered by an attorney that haven't been paid by the client. This can include:
- Hourly fees for legal work performed.
- Costs for filing fees, court costs, and other expenses incurred.
- Retainer fees that have not been replenished.
Is there a specific detail about your unpaid fees situation that you need help with?
will there be fees to obtaining the file
Case Rating: *
Hi Leslie! Generally, there shouldn't be additional fees to obtain your file from an attorney. However, if the attorney has incurred costs for copying or delivering the file, they might charge you for those expenses.
Is there a specific concern you have about fees related to obtaining your file?