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Access to legal file

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Who owns the legal file held by solicitor to run our case? When can we get this file or access to it? When case is finished or when?
Ta

G
I believe it depends on the solicitor.

Our solicitor returned most of our documentation to us when the case finished.

I believe they would hang on to some files, case outline perhaps, should you need their services in the future. Sadly, even though you have your day in court, it doesn't guarantee that it "ends".

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Are there any rules around this, or up to Solicitor to decide? Once account is finalised and no further work is anticipated at all?

I feel the content of files, interim orders, court docs are client property.



G
The ownership or retention of your files are usually noted in your Costs Agreement. Once you have paid any and all accounts relating to the matter you are usually welcome to take possession. Mine actually stipulated how long they would keep them for prior to disposal (7 years). If they need to keep certain items that may be of benefit to you, you could request for them to be copied (you may have to pay for this). Technically they are intellectual property I believe, at least until the account and matter is finalised then it's open to interpretation. If a solicitor is being difficult, perhaps a call to the Legal Commissioners office for further clarification may assist.
I have to agree with LilsMum, I had one firm and later do not one to do business with them, they sent me a letter about a year after my last action with them and said that the file was being placed in storage and if I want document from them there would be a fee involved.  Oh wait if you even sneeze in from of a lawyer there is a fee involved for the "bless you"   So I was not surprised
As well…. you can go and copy any filed stuff relating to your case in the court exhibits office. If, like me, you have kept all correspondence from your lawyer, including letters forwarded from the other side, with copying the stuff at court, you would almost have your whole file anyway.

I needed my papers from a Lawyer last year and she was more then happy to give them to me, without a fee,  I guess its the luck of the draw and the lure of more $$$ as to how it goes

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

The definitive answer would be given by the Law Society in your state.

Until you pay, all documents are intellectual property as per Lilsmum.

After you pay, I don't believe there are hard and fast rules. Knowing the cautious natures of soli's I would imagine most would keep some minimal documentation in case anything in the future happened with the case and there were implications for them. I'm thinking costs, appeals and so forth.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
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