How long can a former attorney of mine hold my documents?

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How long can a former attorney of mine hold my documents?

I was divorced June 2012 in Westchester county. It turns out that my ex-husband didn’t report all his income and I’m now going to go after it. My former lawyer will not release the documents she has and I no longer have the 20 boxes of documents at my disposal. The last time I emailed her she replied, go to the county court. I inquired. They do not have the documents. How can I retreive them?

Asked on December 3, 2018 under Family Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your former attorney is violating the rules of professional responsibility by failing to release the documents to you. Your recourse is to file a complaint with the NY State Bar. No attorney wants problems with the State Bar, and a phone call or letter from the State Bar may prompt the attorney to release your documents. A client has a right to obtain his/her file from an attorney.


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