CALIFORNIA FAMILY LAW
...Attorney Fees
......Between Attorney and Client
.........Client's File
8 Cards On This Topic:

Attorney terminating employment shall return client's materials and property as well as unearned fees.

At termination of employment, atty must turn over to client or successor atty electronic copies of all of client’s pleadings, discovery requests and responses, deposition and exhibit databases, transactional documents, and emails.

Client's having copies of documents in attorney's file will not excuse attorney's refusal to turn over client's file to successor attorney upon demand.

While the client’s file is the property of the client, the obligation to turn it over is activated by a request, either from the client himself or from the client’s new counsel.

Attorney’s failure to turn over case file created an inference he did no work—at least no work of use to anyone.

Attorney may not demand consideration for turning over client's file to successor attorney; file belongs to client, not attorney.

Attorney may not retain interest in client's property (file) as security for fees pursuant to written agreement unless property has economic value to attorney.

Attorney may not withhold client's file until bill paid.