Legal malpractice and negligence

Former atty mails out former client' remainder case files (5) months after being released

I just now received 3/4's of my case files from my former atty (grossly negligent not representing client). My marriage dissolution trial case is on going. I"m the petitioner. Discovery is closed (which hinders my case significantly. this vile women former atty knows this). I am LIVID. what personal recourse can I file to expose her? The state bar generally slaps hands, where as if there is a malpractice law violation.

Nathan’s Answer

The client file belongs to the client. Many attorneys keep client records for 5 years in order to provide the client with a copy should they request it. If you have made a demand for your file and it was not received by you in full, it would be appropriate to make demand for the remainder. Marital dissolution is a stressful process, and I am sorry to hear you feel it is being made more difficult by you not timely obtaining what you feel is the complete file.

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