Have you tried requesting the records in writing and giving them a deadline to respond? I would indicate in the leter that if they don’t respond by a specific date you intend to file a complaint with the bar. How long has it been since you fired them?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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You have EVERY right to any documents in possession of your former attorney. It is against professional ethics not to turn over documents from your case. DO NOT LET ANYONE TELL YOU OTHERWISE! GO TO THE OFFICE AND GET THEM! HE OR SHE CANNOT HOLD YOUR DOCUMENTS AND YOU DO NOT HAVE TO GO TO COURT TO GET THEM! I WENT TO MY FORMER ATTORNEY’S OFFICE AFTER I’D FIRED HIM AND RETRIEVED MY DOCUMENTS. THE DOCUMENTS BELONG TO YOU! PERIOD!
I am going through a child custody and child support battle in court right now.
I fired my grossly inadequate attorney approximately 2 months ago. I am now representing myself.
Do I have a right to have the documentation that my attorney gathered with regard to my EX wifes proof of income, financial affidavit, tax returns, etc- the general documents that are covered un the local rules for NC?
I feel that I should have rights to these documents since I paid for her time to gather the information. the law firm also has my last two years tax returns (the originals). they were suposed to make copies of it and return them to me and never did after several phone calls to their office. the court(the judge) says that they are bound to retirn such documents to me and yet they haven’t after several requests.
If I do have a right to it how would one go about requesting it through proper channels?
if my ex - atty will not give me access to it then is there a way to “make” them give it to me through the court system? I have held off filing a complaint with the NC BAR ethics committee over their conduct but the closer I get to my court date without the documentation I need the closer I am getting to that point. I really don’t want to have to do this.
I have another question too but I will post that in another new topic.