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Can the old attorney keep the legal file from the new attorney if all legal fees have not been paid?

Can the old attorney keep the legal file from the new attorney if all legal fees have not been paid?

Q: How do you know if your lawyer is screwing you over?

Signs that your lawyer may not be acting in your best interest include lack of communication, failure to provide updates, or reluctance to share your case file. If you feel pressured to pay fees without receiving services or explanations, it may be time to seek a second opinion or consult another attorney about your concerns.

Full question:

My nephew has some drug charges. We hired a lawyer for $20,000.00. We were not happy, so we fired him and hired somone else. We need my nephew's file but the lawyer will not give it to us until we pay an additional $1,350.00. Is this legal?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: Nevada

Answer:

A lawyer discharged by a client in a pending matter, with no fees owing, must comply with the client's request to provide the client's new lawyer with a copy of the file. The client is entitled to all papers and property the client provided, all litigation materials, all correspondence, all items the lawyer has obtained from others, and all notes or internal memorandums that may constitute work product. The client is not, however, entitled to any memorandums from other cases that the lawyer may have included in the client’s file. Nor is the client entitled to the lawyer's notes bearing on the lawyer-client relationship rather than on the merits of the client's position.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is unethical attorney behavior?

Unethical attorney behavior includes actions such as failing to communicate with clients, misrepresenting facts, charging excessive fees, or withholding client files without valid reasons. Attorneys are required to act in their clients' best interests and maintain transparency. If a lawyer refuses to provide a client's file solely for unpaid fees, this may be considered unethical, especially if no fees are owed for the work performed.

What is the minimum sentence for drugs?

The minimum sentence for drug offenses varies widely by state and the specific charge. For example, possession of a small amount of a controlled substance might result in a misdemeanor charge with minimal penalties, while trafficking can lead to felony charges with significant prison time. It's essential to consult state laws for precise sentencing guidelines related to specific drug charges.

Can someone else take responsibility for a drug charge?

In some cases, a person can take responsibility for a drug charge on behalf of another, often referred to as 'taking the fall.' However, this can lead to legal complications, including potential charges for the person who takes responsibility. It's crucial to consult with a lawyer before making such decisions, as it may not be advisable or legally sound.

How long after a drug crime can you be charged?

The time frame for charging someone after a drug crime depends on the statute of limitations, which varies by state and the type of offense. For many drug offenses, this period can range from one to six years. However, serious crimes may have longer limitations. It's important to consult local laws to understand the specific time limits that apply.