No Unpaid Legal Fees
There are several reasons why a lawyer or limited licensee may not provide your file or part of your file:
- Outstanding undertakings or trust conditions owed to other lawyers, limited licensees or parties (see section 7.2-11 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information)
- Items a client is not entitled to, including documents:
- the lawyer or limited licensee created for their own benefit only
- which are internal law firm communications
- for which the client was not charged
Outside of these exceptions, the lawyer or limited licensee should review the file, assemble all papers and property to which you are entitled, and deliver the file within a reasonable time.
If you have a new lawyer or limited licensee, request that they obtain 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 lawyer, limited licensee or 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 law firm
The remaining documents on file belong to the client and should be transferred along with the file. They include:
- all documents created before the lawyer or limited licensee was retained (which were provided to the lawyer or limited licensee)
- memoranda of law
- court documents
- witness statements
- notes from meetings or telephone attendances with clients or other persons outside of the firm
- correspondence (client instructions, advice given, opinion letters, general letters, emails, disbursement receipts, expert witness statements, reports)
The lawyer or limited licensee may deliver the file to the client or to whomever the client directs. Lawyers and limited licensees cannot transfer trust conditions or undertakings to non-lawyers or non-limited licensees. Therefore, some materials may need to be sent back to the lawyer or limited licensee they were originally received from.