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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience:  Explains legal matters based on 14+ years experience.
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Hello - question: How do I go about retrieving my file from

Customer Question

Hello - question: How do I go about retrieving my file from my Attorney ? The Attorney was paid immediately and in full at first contact. I need to retrieve my file and would like to know how to go about doing so properly, and according to NYS Law. I would like to retrieve this tomorrow and am unsure how to properly do this to avaoid any issue or problem in retrieveing it. In other words I do not want to hear: you cant have it because:...
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

According to the New York State Bar Association " As a matter of ethics, upon request by a former client, a lawyer must promptly turn over or provide access to the files which the former client is entitled to possess. As a matter of New York law, a former client is entitled to any document related to the representation unless substantial grounds exist to refuse access. The lawyer may charge such former client reasonable fees for assembling and delivering such files, as reflected by customary fee schedules or any governing retainer agreement. "

You can access the full opinion here: http://www.nysba.org/AM/Template.cfm?Section=Ethics_Opinions&template=/CM/ContentDisplay.cfm&ContentID=55456

For convenience, you can write your request to your lawyer and attach a print-friendly copy of the opinion. A print-friendly copy is found here: http://www.nysba.org/Content/ContentFolders/EthicsOpinions/Opinions751825/EO_766.pdf

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank You JB - I appreciate the help, that is great information and a relief to know and now tomorrow I will call to make an appmnt. - to make sure he is there and then I will ask for the file....Can I just ask - just like that: "I would like my file" or does thier have to be an exact way to do so ???

Expert:  JB Umphrey replied 1 year ago.
You are most welcome!

There does not have to be an exact way that you make the request. You can call and make the request. If you want the request documented, then you can send an e-mail or drop off a written letter.

I don't know how old your case was but they may have to get the file out of storage first. That could take a day or two before they have it copied for you. Or, maybe they have it scanned and they can just print it off for you on the spot. It really depends upon the office and how they have it structured. The state bar doesn't require them to keep their files in a certain fashion.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.

Customer: replied 1 year ago.

JB - I am filing this lawsuit on my own, pro-se'. It is a very substantial suit - 7 figures. I may be contacting you again for legal advice. Legal Malpractice is difficult, this I know - however my evidence is explicite and documentation and proof is that of the own Legal documents of the Attorney himself. Thier of course is much more - I do have a 15 page letter with Material Facts set and ready to go to the BAR - should I send this to you ? Do you practice Legal Malpractice or if not, do you know of an Attorney who does ?

Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up. Unfortunately, the JustAnswer experts are not allowed to provide such legal advice That is explained in the site disclaimer. For such advice, you will want to seek the assistance of a local attorney.

Best wishes to you!

~~ J.B.

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JB Umphrey
JB Umphrey
Attorney & Counselor
10010 Satisfied Customers
Explains legal matters based on 14+ years experience.