I very much appreciated Mr. Diamond's response. I didn't know that I could motion the court for the lien order. But I disagree with the gentleman that says if you contemporaneously provided the client with copies of everything then you can dawdle until paid.
My understanding of the rules are that, when requested, you must quickly provide a copy of the file to your client. This is so regardless of contemporaneously copying him.
You have to give him a bill for the cost of copying. Or deliver the bill to the new attorney.
I would hope the new attorney would pay for at least that from whatever retainer he received. But too often, our brethren, are inconsiderate of the preceding counsel and just ignore that copying bill also.
You reap what you sow. So for piece of mind copy the file, forward it or arrange for it to be picked up; and file your lien.
Clients are very quick to file ethics complaint and/or post nasty things about their attorneys on the internet. So just man up and send him the file.
Best wishes.
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Marianne Auriemma Esq.
Maywood NJ
(201)712-9663
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Original Message:
Sent: 02-10-2014 12:01
From: Larry Raiken
Subject: Obligation to give file to prior client?
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Larry Raiken Esq.
Montville NJ
(973) 808-2003
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Original Message:
Sent: 02-10-2014 11:44
From: Ralph Tawil
Subject: Obligation to give file to prior client?
You indicate that your former client received a copy of the file in a contemporaneous manner, to wit, by copying the client with each letter, pleading and document that was generated. I believe that we are not required to replace copies of letters, pleadings, documents, etc that were generated during our representation and supplied to the client as the documents were generated. Once a copies have been initially provided a duplication of letters, pleadings, documents, etc must be paid for by the former client. Obtaining an estimate from a copy center of the cost of re-duplication is the best avenue. I would, however, agree with Richard if the file is a small one to just provide it and move on with the collection process. That is not the case as you indicate the file is very large.
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Ralph Tawil Esq.
West Long Branch NJ
(732)229-4848
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Original Message:
Sent: 02-10-2014 11:31
From: Gregory Thomlison
Subject: Obligation to give file to prior client?
What is my obligation to give a copy of my file to a prior client? A prior client of mine is asking for a copy of their divorce file. The attorney has requested everything from the Divorce Complaint to both parties' CIS's to all correspondence. I copy my client on all documentation (orders, correspondence, CIS, discovery, etc.), so the client should have everything. What do I have to give the client's new attorney?
The client's file is very large and it will take a few hours to go through and copy everything the attorney is requesting. The prior client owes a significant amount of fees to my office, but I know that doesn't really matter in terms of providing a file.
Any help will be most appreciated,
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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100
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I disagree with Ralph and agree with Richard . Having been in this situation and having sat on the ethics committee my suggestion is to provide to the new firm what ever documentation they need. Giving them the file loc k stock and barrel is fine as long as you know you can get it back