Estate Law Questions? Ask an Estate Lawyer.
Hi, thank you for your question.
Would your brother object to his attorney releasing that information?
I suspect not, but have not directly asked him.
Ok, well, let me explain it this way. First, if your brother acquiesced to the release of information, there would be no prohibition whatsoever on your new attorney collecting the information. You would have unrestricted access.
If your brother did not agree to release the information, the answer would generally depend on what records/communications you sought. You would have access to some of the communications and records, but not others.
Communications strictly between the attorney and your brother would generally be inaccessible. Likewise, you would not have access to the attorney's work product (notes, internal documents, etc.) But anything filed in a court or involving a third party would generally be obtainable.
So I would just start by asking your brother if he has any reservations about letting your new attorney have access to his case file. If he agrees, it's simple and complete. If he does not agree, there will be some extra work involved and you will likely not have access to every piece of information.
Does that make sense?
Yes. Do you suggest that I obtain a signed letter from my brother that could be given to the new attorney?
That would be fine. You could also just ask your brother to telephone, email, or write his attorney allowing you to retrieve a copy of the case file.
There does not have to be a lot of formality to it. The attorney is just going to want to be sure that the release is authorized in case there is any doubt later on about whether your brother was ok with giving you access to the file.
Did you have any other question?
I don't think so at this time. It seems that the new attorney should be able to start where the first one has left off. Thanks for your help.
My pleasure, and I do hope that I was able to answer your questions to your satisfaction. Best of luck to you in your matter.