I'd like to motion the judge in my case to compel the attorney who just withdrew from my case to hand over my file. He is holding a retaining lien on my file but the law (I'm in FL) says that the retaining lien cannot justify a refuse to disclose documents clearly needed by the client.

I have my order prepared but What do I call the Motion?

Should I just fax a letter to Judge's JA with my proposed order?

I will be appearing pro se from now on.

Thanks ahead of time.

Hello o:

I don't know the name of the motion... How about motion to compel? But the NAME isn't important. It's what you're asking the judge to order.

In my view, he's not going to order the lawyer to turn over anything to you. Surely, the lawyer will claim the file is his work product.

I'll betcha he'll turn it over if he got PAID, though. If that ISN'T the reason he's holding on to it, let me know.

excon

Contact your local county Bar Association and ask them how to get your file away from the attorney. The Judge cannot order the attorney to turn over your file as it is his work product.

The attorney can return any of your paperwork that you provided for him to use. That is your property.

If you need any copies of motions that were filed on your behalf by this attorney, you can go to the Clerk's Office and request that your court file be copied for you. They usually charge about 50 cents a page for this. Or you can physically look through your court file there at the Clerk's Office and decide which motions you want copied. This also pertains to the other side's filed motions as well. You can obtain copies of any paperwork from your court file (provided, of course, that you pay for them).

Also, what sort of case is this that you have? That makes a huge difference in what you can and can't get released to you by your attorney.

If you do retain another attorney, the "new" attorney usually requests a copy of your file from the other attorney. This is a way that the "old" attorney has of keeping the lien on your case in that the "new" attorney signs paperwork to that effect. Attorneys don't like to be stiffed on their fees.

I just found this --

I just found this -

Florida Law: Ethics Opinion 88-11

Florida law also recognizes an attorney's right to a retaining lien over client files when bills go unpaid. Here's how Florida Bar Ethics Opinion 88-11 summarized Florida law on this point:
Many attorneys are unaware that in Florida a case file is considered to be the property of the attorney rather than the client. Dowda and Fields, P.A. v. Cobb , 452 So.2d 1140, 1142 (Fla. 5th DCA 1984); Florida Ethics Opinion 71-37 [since withdrawn]. Under normal circumstances, an attorney should make available to the client, at the client's expense, copies of information in the file where such information would serve a useful purpose to the client. Opinion 71-37 [since withdrawn].


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Florida common law recognizes two types of attorney's liens: the charging lien and the retaining lien. The charging lien may be asserted when a client owes the attorney for fees or costs in connection with a specific matter in which a suit has been filed. To impose a charging lien, the attorney must show: (1) a contract between attorney and client; (2) an understanding for payment of attorney's fees out of the recovery; (3) either an avoidance of payment or a dispute regarding the amount of fees; and (4) timely notice. Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla. 1986). The attorney should give timely notice of the asserted charging lien by either filing a notice of lien or otherwise pursuing the lien in the underlying suit. The latter approach is preferred.

Unlike a charging lien, a retaining lien may be asserted with respect to amounts owed by a client for all legal work done on the client's behalf regardless of whether the materials upon which the retaining lien is asserted are related to the matter in which the outstanding charges were incurred. A retaining lien may be asserted on file materials as well as client funds or property in the attorney's possession, and may be asserted whether a suit has been filed. Mones, 486 So.2d at 561.

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Originally Posted by ocean512beach

I'd like to motion the judge

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Please forgive me being overly technical, grammar-wise, but "motion" isn't a verb. What you want to do is file a motion. :)

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Originally Posted by ocean512beach

What do I call the Motion? .

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I suggest "Motion for Copy of Attorney's File"

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Originally Posted by ocean512beach

I have my order prepared but What do I call the Motion?

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You could call it "Order Granting Motion for Copy of Attorney's File", or perhaps "Order that Withdrawing Attorney Copy File"

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Originally Posted by ocean512beach

Should I just fax a letter to Judge's JA with my proposed order?

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In addition to the motion? Shouldn't be necessary, but I have seen cover letters to the judge done in Florida.

excon is correct, File Motion to Compel with the court and send a copy to the attorney

Hello. I think it is best if you go to court to ask for an advice/assistance. You can even go to the Law Society to find out the advice or procedure you can follow, according to my understanding