Attorney and records

S

snowball

New Member
Jurisdiction
Illinois
I have been trying to get my client file from my attorney for over a year. I sent a tenth letter and s/he finally replied and stated s/he handed over everything in the file to the clerk of courts . Isn't that highly unusual?? How do I get it from the clerk of courts ofc? I still believe s/he has emails on computer from the opposing party, but s/he is stating s/he turned my file over to the clerk of courts.
 
Was this a criminal or civil matter? You're in the criminal forum but your reference to opposing party instead of prosecutor or DA would seem to imply a civil matter.
 
snowball said:
I have been trying to get my client file from my attorney for over a year. I sent a tenth letter and s/he finally replied and stated s/he handed over everything in the file to the clerk of courts . Isn't that highly unusual?? How do I get it from the clerk of courts ofc? I still believe s/he has emails on computer from the opposing party, but s/he is stating s/he turned my file over to the clerk of courts.
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An attorney is not required to turn over work product or other things prepared in anticipation of trial. If the matter never went to trial, that work product need not be turned over to the client.

However, your attorney is obligated to give you a copy of your file upon your request provided you have paid him/her in full. Otherwise, the attorney could claim a lien on your file until you pay him/her. Most attorneys would still give you a copy of your file if you requested it. Keep in mind that while you are entitled to your case file, your attorney can also charge you reasonable expenses for producing, collating, copying, and mailing the case file to you.
Some attorneys might charge you their billing rate, or the billing rate of a pralegal to compile and send the file to you, too.

If you do not owe the attorney money, you can contact the Illinois Bar Association and report that after several request over the last year, your attorney refuses to release your file to you.
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Illinois Bar Complaint
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Frequently Asked Questions | Illinois State Bar Association
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adjusterjack said:
Then go to the court house, have the case file pulled from the records, and buy copies of the entire file.

That way you get it now instead of hassling with it for another year while you file complaints that aren't likely to get you very far.
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all I want is my client file and it should not cost anything. the whole case file (with hearing transcripts) is over $300.00
 
army judge said:
An attorney is not required to turn over work product or other things prepared in anticipation of trial. If the matter never went to trial, that work product need not be turned over to the client.

However, your attorney is obligated to give you a copy of your file upon your request provided you have paid him/her in full. Otherwise, the attorney could claim a lien on your file until you pay him/her. Most attorneys would still give you a copy of your file if you requested it. Keep in mind that while you are entitled to your case file, your attorney can also charge you reasonable expenses for producing, collating, copying, and mailing the case file to you.
Some attorneys might charge you their billing rate, or the billing rate of a pralegal to compile and send the file to you, too.

If you do not owe the attorney money, you can contact the Illinois Bar Association and report that after several request over the last year, your attorney refuses to release your file to you.
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Illinois Bar Complaint
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Frequently Asked Questions | Illinois State Bar Association
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Yes, the full bill is paid. He states he turned my file over to clerk of courts. Yes, I filed a complaint with Illinois bar association, which did nothing. I filed complaint in cook county, chicago office. Maybe I should file complaint with the Springfield Office. Isn't it highly irregular to give my file to clerk of courts? That is not done, is it? I think he is trying to hide something. also he has the emails on his computer from the opposing party.!
 
snowball said:
This does not sound like a legit question...
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Oh really? So what kind of question do you consider it to be?

Secondly, what difference does having any emails from opposing counsel make? What does that have to do with you getting a copy of your file?

It's certainly normal for an attorney to have emails from an opposing counsel.
 
Highwayman said:
Oh really? So what kind of question do you consider it to be?

Secondly, what difference does having any emails from opposing counsel make? What does that have to do with you getting a copy of your file?

It's certainly normal for an attorney to have emails from an opposing counsel.
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the person was pro se. and you like to instigate and no help. No opposing attorney. having the email proves he has the file after I requested it and refused to give me the emails. YOu should find another place to troll you're unhelpfulness. If you're a baby and have to have the last word, go get it. leave me alone. We people here are under enough stress and don't need you're added stress, although you have been doing it for years. GOODBYE
 

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