Lawyers And Paperwork: When Can They Help?

Lawyers are responsible for filing paperwork on behalf of their clients. However, in some cases, lawyers may not file the necessary paperwork, which can cause issues for their clients. In such situations, clients can request their file from their attorney and review the contents. Clients have the right to fire their attorney if they feel their interests are not being served. It is important to note that online platforms providing legal advice are not a substitute for a licensed attorney, and specific actions should be discussed with a qualified lawyer.

Characteristics of a lawyer filing paperwork for a client

Clients can request a copy of their file from their attorney

The American Bar Association (ABA) has provided guidance on the return of client files in Formal Opinion 471, Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled. The ABA notes that the lawyer must, at a minimum, turn over materials that would likely harm the client’s interests if they were withheld. The ABA also determined that the lawyer need not provide drafts or mark-ups of documents to be filed with a tribunal; internal research memos and materials; a general assessment of the client or the client’s matter; internal conflict checks; personal notes, billing statements; and documents that might reveal other client confidences.

Upon termination of representation or upon receiving a request for a client file from the client or an authorized third party, the lawyer must review Rule 1.16(e), MRPC. This rule provides a detailed list of what lawyers must hand over to the client in all representations, pending claims or litigation representations, and nonlitigation or transactional representations. The rule also describes what does not constitute client files, papers, and property. For example, in all representations, the papers and property delivered to the lawyer by or on behalf of the client, and the papers and property for which the client has paid the lawyer’s fees and reimbursed the lawyer’s costs, must be handed over. In pending claims or litigation representations, all pleadings, motions, discovery, memoranda, correspondence, and other litigation materials which have been drafted and served or filed must also be provided.

Lawyers can charge a fee for providing a copy of a client's file

The American Bar Association (ABA) has provided guidance on the return of client files in Formal Opinion 471, Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled. The ABA noted that the lawyer must, at a minimum, turn over materials that would likely harm the client's interests if they were not provided. Applying Model Rule 1.15, the ABA determined that the lawyer must return all property that came into their possession in connection with the representation. This includes all papers and property delivered to the lawyer by or on behalf of the client and the papers and property for which the client has paid the lawyer's fees and reimbursed the lawyer's costs.

However, it is important to note that the lawyer is not required to provide drafts or mark-ups of documents to be filed, internal research memos and materials, a general assessment of the client or the client's matter, internal conflict checks, personal notes, billing statements, or documents that might reveal other client confidences.

In the case of a client transferring from an old attorney to a new one, the previous lawyer must provide their file to the client's new lawyer, but they are entitled to be paid for the duplication costs as well as any delivery costs. It is the responsibility of the client, not the new lawyer, to pay these fees. Good lawyers will always provide clients with copies of documents during the course of the representation, so the previous lawyer may not need to provide the new lawyer with the file if the client has kept those copies.

Lawyers must protect the client's interests

Lawyers have a duty to protect their clients' interests at all times. This includes when they are terminated or withdraw from representation. In such cases, lawyers must surrender papers and property that belong to the client. This is governed by state rules of professional conduct, with the ABA Model Rules and Formal Opinions providing further guidance.

The ABA has outlined that lawyers must, at a minimum, turn over materials that could harm the client's interests if withheld. This includes all property that came into the lawyer's possession in connection with the representation. This means that lawyers must be mindful of protecting their client's interests when filing paperwork.

However, it is important to note that the ABA has also stated that lawyers are not required to provide certain types of documents, such as drafts or internal memos, unless disclosing them would avoid harming the client's interests. Additionally, the lawyer is not obligated to provide documents for which the client has not paid the associated fees.

In the event that a lawyer fails to act in the best interest of their client, the client has the right to terminate their services and file a complaint. The client can then request their file from the lawyer, which the lawyer may charge a fee for, as long as the client agreed to such charges in writing beforehand.

Therefore, while lawyers can just file paperwork for their clients, they must always keep their client's interests at the forefront and be mindful of the potential consequences of any actions or inactions on the client's behalf.

Lawyers are not required to provide certain documents, such as drafts or internal memos

According to Rule 1.16(f), lawyers may charge for the reasonable costs of duplicating or retrieving the client file after the termination of representation, but only if the client agreed to this charge in writing beforehand. Rule 1.16(g) prohibits lawyers from conditioning the return of the client file on payment of the lawyer's fees or copying costs.

The American Bar Association (ABA) has provided guidance on the return of client files, stating that lawyers must, at a minimum, turn over materials that could harm the client's interests if not provided. The ABA determined that lawyers are not required to provide drafts, mark-ups of documents to be filed with a tribunal, internal research memos, general assessments of the client, internal conflict checks, personal notes, billing statements, and documents that might reveal other client confidences. However, internal notes and memos with no final product may need to be disclosed to avoid harming the client's interests.

State rules of professional conduct govern the surrender of client files, and lawyers must review Rule 1.16(e), MRPC, to understand their obligations in this regard. This rule provides a detailed list of what lawyers must hand over to the client in all representations, pending claims, litigation representations, and non-litigation or transactional representations.

If a lawyer fails to act, they can be investigated and subject to discipline

Lawyers have a duty to act responsibly and provide high-quality work for their clients. This includes the ability to analyze legal issues, research and study changing laws and legal trends, and represent the client effectively and professionally. They should advise clients of possible actions to be taken and then act according to the client's choice, even if it is not the route they would have picked.

However, if a lawyer fails to act, this can constitute a violation of their ethical obligations and they can be investigated and subject to discipline. Every state has an agency responsible for licensing and disciplining lawyers, which is usually the bar association, but in some states, it is the state Supreme Court. These agencies are most likely to take action if a lawyer has failed to pay a client money from a settlement or lawsuit, made an egregious error, failed to show up in court, did not do legal work the client paid for, committed a crime, or has a substance abuse problem. A lawyer can also be disciplined for unethical behavior, such as disclosing confidential client information or representing clients with conflicting interests.

If a client is dissatisfied with their lawyer's performance, they should first try to talk to their lawyer about it. If the lawyer is unresponsive, sending a polite but firm letter expressing concerns may help. If the lawyer still does not respond, the client can consider mediation to work out communication problems or arbitration, which is a legally binding process that reviews arguments and evidence. If the lawyer is unresponsive and the matter involves a lawsuit, the client can go to the courthouse and look at their case file, which will contain all the papers that have been filed with the court. If the client wishes to fire their lawyer, they may be charged a reasonable amount for the work already done.

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