Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello and thank you for allowing me to address your legal question.
Generally speaking, the old attorney should send the file to the new attorney upon your request without you being required to sign anything. This is because the file is usually considered to be the client's property. If the attorney is unreasonably withholding the file, then he could face disciplinary action (at least he could if you file a complaint). However, it’s difficult to determine whether he is unreasonably withholding the file if you don’t know what he wants you to sign. What does your new attorney say about this situation? Perhaps he can communicate with the old attorney and see why the file hasn't been forwarded and why you are being requested to sign something. Otherwise, if you want, you can file a complaint with your state's bar.
You didn’t mention where you’re located, but you can find out how to file such a complaint fairly easy by doing a Google search for “state bar complaint” and the name of your state.
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