Can I get a copy of my file?

Florida courts have stated that the file of a client is considered the personal property of the lawyer. Unless the client's contract with the lawyer provides otherwise, the lawyer has no obligation to provide the client their file. As stated by the court in Donahue v. Vaughn, 721 So.2d 356 (Fla. 5th DCA 1998):

[T]here is no duty upon a private attorney to give any of his files to a client, save documents which are solely those of the client and held by the lawyer. Pleadings, investigative reports, subpoena copies, reports and other case preparation documents are property of the lawyer."

As stated by this court, a lawyer must return to the client any original documents that are property of the client. However, if the client owes a fee to the lawyer, the lawyer may retain the client's documents and other property until the fee is paid. If the client disputes that the lawyer is entitled to the fee, the dispute must be resolved in court. Also, there may be some circumstances where the lawyers office file may contain information about a client's affairs concerning which attorney may have an ethical duty to communicate to a successor counsel. See Dowda & Fields, P.A. v. Cobb, 452 So.2d 1140 (Fla. 5th DCA 1984).

Because of these rules, a client who wishes to be fully informed should request to receive copies of all correspondence and other important documents that are created during the representation. Once the the attorney's representation has terminated, the lawyer is under no obligation to provide these items. If a lawyer still represents the client, the lawyer is ethically required inform the client of all significant developments that occur during the representation. However, this may not require that all matters in the file are sent to the client. Some clients may not feel the need to review each and every document generated in their case. It is the client's responsibility to request specific information regarding the file. The client and the lawyer should have an understanding of what information will be provided to the client during the representation. In most cases, once the the attorney's representation is terminated, the lawyer is under no obligation to provide contents file that do not consist of the client's original documents.