Will Not Give Me Everything in My File
As a general rule, the client owns the entire contents of the file.
Lawyers or limited licensees must deliver all papers and property the client is entitled to in an orderly and prompt manner.
The former lawyer or limited licensee and the former law firm may withhold some documents that are rightfully their own property. The former lawyer or limited licensee generally owns any documents:
- that the lawyer or limited licensee created for their own benefit
- that are internal law firm communications
- for which the client was not charged
Examples of these documents include:
- their working notes
- emails to co-workers and assistants
- ethical consultations with the Law Society
The remaining documents on the file belong to the client and should be transferred along with the file.
See section 3.7-9(b) of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers and the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If you have a new lawyer or limited licensee, request that they negotiate the transfer of your file. If you do not have a new lawyer or limited licensee and believe you are entitled to certain contents of your file that have not been given to you, we suggest you discuss with your former lawyer or limited licensee. Click “Discuss with Lawyer or Limited Licensee” below to see more about this option, what to do next, and a sample letter you can use.
Common Questions
Examples of documents created for the law firm’s benefit include:
- Time entry records
- Calendar entries
- Accounting records
- Conflict searches
- Office administration forms (pre-bills, cheque requisitions, etc.)
- Intra-office memos
- Communications between lawyers at the former law firm
The remaining documents on file belong to the client and should be transferred along with the file. These include:
- All documents created before the lawyer was retained
- Memoranda of law
- Court documents
- Witness statements
- Notes from meetings or telephone attendances with clients or other persons outside of the lawyer’s firm and
- Correspondence (client instructions, advice given, opinion letters, general letters, emails, disbursement receipts, expert witness statements, reports)