Can Your Attorney Withhold Your Discovery Documents for Money in the USA?

Question from Boo, Can Your Attorney Withhold Your Discovery Documents for Money in the USA?

Answer from AI:

In general, attorneys are bound by ethical rules and professional conduct standards that prohibit them from withholding client’s documents, including discovery documents, for money. This is based on the American Bar Association’s (ABA) Model Rules of Professional Conduct.

ABA Model Rules of Professional Conduct

According to the ABA Model Rule 1.16(d), when a representation ends, the attorney must take steps to the extent reasonably practicable to protect a client’s interests. This includes surrendering papers and property to which the client is entitled.

Client’s Right to Discovery Documents

Discovery documents are generally considered the property of the client. Therefore, an attorney cannot withhold these documents from the client, even if the client owes the attorney money.

Disputes Over Fees

If there is a dispute over fees, the attorney has other remedies available, such as suing the client for unpaid fees or placing a lien on the client’s recovery in a lawsuit. However, withholding client’s documents is not an acceptable or ethical way to resolve a fee dispute.

What to Do If Your Attorney Withholds Your Documents

If you believe your attorney is withholding your discovery documents for money, you may want to take the following steps:

1. Communicate with Your Attorney: Express your concerns directly to your attorney. It could be a misunderstanding that can be resolved through communication.
2. Consult with Another Attorney: If your attorney continues to withhold your documents, you may want to consult with another attorney to understand your rights and options.
3. File a Complaint: If necessary, you can file a complaint with your state’s bar association. They can investigate the matter and take disciplinary action if needed.

Remember, this information is general in nature and may not apply to your specific situation. It’s always a good idea to consult with a legal professional for personalized advice.