Generally, the client is entitled to all documents originally provided by the client, and all documents filed, served or sent by the lawyer to others. … While virtually every attorney keeps “notes” in his or her files, very few can agree on exactly what specific information constitutes attorney notes.
What is in an attorney-client file?
‘Client papers and property’ includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert’s reports, and other items reasonably necessary to the client’s representation, whether the client has paid for them or not.”
Does attorney work product belong to the client?
Who holds the protections for work product? Like attorney-client privilege, the protections for work product belong to the client and secrecy is an obligation incumbent on the attorney from which the client may release the attorney (see question 7).
Does a client have a right to their file?
1.16(d) recognize that, generally, the right of a client to receive its file is subordinate to an attorney’s right to assert a retaining lien(1) against the file if any portion of the attorney’s fees and costs remain unpaid.
What constitutes a client file California?
California defines “client papers and properties” and then notes two exceptions. California Rule of Professional Conduct 3-700(D)(1) defines “client papers and property” to include “correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert reports, and other items reasonably necessary to …
Who owns the client file?
The papers in a client’s file belong to the client and must be released promptly to the client following termination of the attorney-client relationship if requested by the client. Rule 3-700(D)(2), Rules of Professional Conduct of the State Bar of California.
What documents belong to the client?
documents sent or received by the firm as the agent of the client belong to the client. For example: communications sent to the firm by third parties and the firm’s communications with third parties as agent for the client.
How does attorney-client privilege work?
Definition. Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.
Who owns the work product?
In most cases, the ownership arrangement is governed specifically by a work product clause in the employment contract. For example, the contract might contain a clause stating, “All employment-related work created by the employee in the course of the employment is property of the company”.
Can clients waive work products?
Unlike the attorney-client privilege, it’s actually difficult to waive the work product privilege. For example, attorneys and clients are free to share the work product with third-parties – so long as the interests of the third-party and the client are aligned (legally, commercially, etc.).
Who do legal files belong to?
Examples include experts’ reports. Documents generally belong to the lawyer in the following circumstances: The client gave the document to the lawyer for the lawyer’s own use and benefit. The lawyer prepared the document for his or her own benefit, protection or records, and the client is not expected to pay for them.
What is considered client property?
f) “Client Property” means original documents and documents prepared for the Client’s benefit which the Member has been retained by the Client to prepare.
How long does a California attorney have to keep client files?
The Los Angeles County Bar Association concluded that a civil attorney should retain potentially significant papers and property in the former client’s file for at least five years analogous to Rule 4-100(B)(3) of the California Rules of Professional Conduct, which requires an attorney to maintain all records of client …
Does my attorney have to give me my file California?
California’s Rules of Professional Conduct state that if termination of representation is done for any reason, and subject to an applicable protective order, NDA, or law, the attorney has the obligation to release documents, at the client’s request, all client materials and property.