If attorney retained my files because I have small amount of outstanding fees does it mean that we are even?

Yes, the attorney can sue you for the fees that you owe. Retaining your file is a means to encourage you to pay. It does not provide any tangible benefit to the attorney and does not substitute for you actually paying what you owe. It is worth noting that, in most cases, retaining a client file is unethical and can get the attorney in trouble. The Colorado Supreme Court is pretty clear that a client has a right ot their file (apart from certain work product) and retaining the file can result in a grievance or discipline. The outcome of your case is likely not relevant to whether or not the attorney performed work on your behalf or whether you owe payment for that work. No attorney can guarantee any particular outcome. Further, in most cases there are attorneys on opposite sides seeking opposite results. In such a case, one party or the other must fail to get everything they want even if each attorney performs perfectly. The outcome only has a bearing on fees if you had an agreement that the attorney would work on contingency or you can prove that the attorney failed ot use reasonable care in handling your case.

It is not a good idea for the attorney to retain your file because you could file an ethics violation against him. He can sue you for fees also. Fees are not result oriented unless that is specifically written in the contract you have with your lawyer. So despite the fact that he lost you still owe him his fees. However, he also should give back your file.

Mr. Harkess is correct. You are not even. He needs to return the file to you. And he can go after the attorney fees through small claims or a collections agency. The files have no value to him. Most of us keep copies of client files for our records, but return the originals to the client, as they are actual the client's.