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Absolutely your attorney is required to give you a copy of the entire file. The only thing that they may keep would be any notes from their own work... Any pleadings and documents especially original documents must be returned to the client
Additionally if you want to fire your attorney and take it to another attorney you have the right to do so
is there a regulation or legal document that says that they must comply with the wish of taking the case to another lawyer and Must provide a copy of all said documents and cannot interfere with the case once they are fired?
Let me find the ethics code regulation for you Texas correct?
From what I can tell the Texas State Bar will punish a lawyer for failing to return a client's file, but cannot force a lawyer to return the file. The State Bar cannot reverse a criminal conviction, even if the conviction was the result of lawyer misconduct. Finally, dissatisfaction with the result achieved by the attorney usually does not involve professional misconduct.
It appears that you should tell your previous attorney that if he does they do not give you your file you will proceed with a disciplinary action
However, original documents and client files are supposed to be returned and governed under
Texas Rule1.15(d) requires the client's documents tobe returned if the attorney'sretaining themwill prejudice theclient.
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Ok, not really what I wanted to hear but its better than where I stood before. So can the lawyer refuse to surrender the case if i choose to take it to a different lawyer? in other words, if i tell the lawyer that i am taking the case to another lawyer can the lawyer say something along the lines of, "no i do not want to give up the case, I'm not going to give up the case, I'm looking out for your best interest" and keep me from taking the case to another lawyer? and where does it say that
No he cannot refuse to let you fire them. But they cannot give you your file. A threat to be reported to the bar is taken very serious by all attorneys as it means our license to practice and therefore our livelihood is at issue. Your new attorney may be able to get the file from previous attorney.
No that would not be acceptable. The client holds the right to terminate the attorney client relationship
and what regulation or code says that the client has the right to terminate the attorney client relationship?
A client can always terminate the lawyer-client relationship,subject to liability for payment for the lawyer's services. Comment 4 to Texas Rule 1.15.
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how would i go about finding and printing out that comment and rule? is there an online resource where i can look it up and find it?
Thank you. I apologize for the extent of my questions, I'm just trying to get a clear picture of the situation that my brother in law is in and whether or not his lawyers responses are valid. In rule 1.15 comment 4 it states something about " subject to liability for payment for the lawyer's services" what exactly does that mean? does that mean the the lawyer doesnt have to withdraw if money is still owed to him? as far as i understood the money is still owed to him and that he would get paid that money but only paid for the services provided up to the point of his termination, but that it wouldn't mean that untill he got payed we were required to keep him around
No the lawyer needs to withdraw but the lawyer could place a lien on the case or other assets until the fee dispute is worked out
lein meaning that whatever outcome of the case he is still supposed to get paid what he is owed for his services? and he would in no way be able to interfere with the case until After it is over right? the point im trying to be sue of is that once he is fired he will have no tie to the client other than money that is owed to him. I'm trying to be sure that the lawyer couldn't lash out at the client and affect what happens to him out of spite because he was fired. and once the lawyer is informed that he is fired, who would the client need to inform to be sure that it is clear that the lawyer is no longer representing the client? just to be sure that the fired lawyer doesn't try to pull anything and screw the client. the lawyer has been acting shady.... and has been against the clients family as well as been asking about and hired another lawyer to represent the client in a Different case that he is not involved in without consent and we suspect with reasonable certainty the second lawyer is interfering with the second case... again without consent (court dates mysteriously moved up 6 months and the lawyer from a completely different office that was HIRED for the second case had no idea about it.
Correct once he is fired he would have no tie to the case other than the money owed to him
excellent. one last question and i will get out of your hair haha. is it possible a family member to get a power of attorney fo represent the client in the event that the client is unable to represent them self? i.e. out of the country? and if so can the lawyer refuse to acknowledge that power of attorney or letter stating the said family member will represent the client? I understand it has to be notarized by a notary.
if so what reference is there to prove that the lawyer must accept that and take it as valid to represent the client?
a power of attorney would give the person holding it the ability to make decisions on behalf of the person granting the power
so essentially yes, but you would need to present the power of attorney
let me verify with texas law as i am a CA lawyer
ok, thank you :)
you would probably want an execution of a special power of attorney allowing th efamily member power of attorney just for this lawsuit
there is not a specific code section i can find but presenting the document is enough
and if they don't accept that?
i can't imagine that but i would report them again to the bar
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I absolutely will, once i rate you i can still ask further questions correct?
yes you can :) it will notify me
Ok, Thank you Very much for your help:)