Sumo (User)
Gold Boarder
Posts: 168
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Duty 1 Year, 6 Months ago
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Karma: 5
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A client owes me money, but wants a copy of his file and will not bring his balance with me up to date. Can I withhold his file without getting into too much trouble? And if I did withhold his file until he paid his balance how much trouble would I get into?
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steve (Moderator)
Moderator
Posts: 144
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Re:Duty 1 Year, 5 Months ago
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Karma: 3
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Attorney Work Product is Privileged and your property.
If the client has not paid you then he/she has no right to your work product. Right now the work product is your leverage.
You can always sue your client for the balance due. You will have to file in district court.
Contact your State Bar Ethics committee for more details.
Hopefully you and your client entered into a fee arrangment (engagement letter). This should be done with every client!
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Jackie (User)
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Re:Duty 1 Year, 5 Months ago
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Karma: 3
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I agree, your client hasn't paid for your work product yet, and until he does, he's not entitled to anything.
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Sumo (User)
Gold Boarder
Posts: 168
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Re:Duty 1 Year, 4 Months ago
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Karma: 5
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Yeah, but I though he was entitled to what would not be considered work product, like pleadings I have filed on his behalf, the othersides pleadings, you know, the stuff that would be considered public record? True or not?
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