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I would like to know if a solicitor have any documents more…

Customer Question
Hello I would like...

Hello I would like to know if a solicitor have any documents more than seven years he can destroy them with out my consent

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No this is a private lawyer and he have my brother documents so I ask my brother to pick up that documents and the lawyer said to my brother that the documents been destroyed because were more than seven years I would like to know if the lawyer can do that

Lawyer's Assistant: Family law varies by state. What state are you in?

Victoria

Submitted: 2 months ago.Category: Australia Law
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Answered in 46 minutes by:
6/1/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,539
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

In relation to your important question a lawyer, as you know, must hold the client file for 7 years.

Where there are original documents, the lawyer must hold the documents permanently, or return them to the client.

Where the lawyer does not want to hold the original documents any further, that lawyer must seek instruction from the client. If the client refuses to give instruction the lawyer may then provide an alternative arrangement for the document holding.

The key point is, the lawyer cannot destroy any files until notification has been issued to the client. Original documents must be returned back to the client.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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