On June 22,2008 I Mrs . Stephanie Allen hired an Attorney because I was in a Accident that call for Attorney so I spoke with this Attorney about this so he agrees to take my case so in hand this Attorney turn my case over to his partner in his firm 1) the other Attorney call me this Attorney was confused from day one 2) so oct.7,2010 I had a Deposition the other party ask for the bill from my hand surgery 3)This Attorney that was working for me had no paper work from my Dr. Ughh! 4) This Attorney trying to tell me that he sent me to his Dr. NO 5) I had my own Dr. Ughhh! 6) Then this Attorney trying to retrieve some paper work from a Dr. that have no clues of what's going on Ughhhh 7) Now the Attorney is refusing to give me my files trying to charge me some outrageous price of $2,000.00
The other attorney is correct in citing for you the Pennsylvania ethics restrictions on liens on client files. If you hire a new attorney, you may want to have the new attorney handle the transfer of your files.
Don't use names on this public site.
Rule 1.16 (d) of the PA Disciplinary Rules of Professional Conduct requires your terminated lawyer to "surrender[ ] papers and property to which the client is entitled..."
Rule 1.16 Declining or Terminating Representation
. . .
(d) 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.
Send your lawyer a letter firing them and seeking immediate return of your case files. Send it by certfied mail, return receipt requested, or by registered email (www.rPost.com) or by FedEx so you can prove receipt and show them you're serious. Threaten to go to the State Bar if they don't comply within a week of receipt.
Understand that your lawyer, even if fired, will liely have a lien on your case the their costs and fees incurred prior to termination.
Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
It appears as though you have plenty of grounds to retain new counsel. Your new counsel can probably assist you in dealing with your previous counsel.
best wishes.
