Hi have asked my attorney for my file, w...

Asked by Linda55600 on 14-12-2023 16:28:47
Question posted in the General Law category relating to Western Cape

Hi - have asked my attorney for my file, which i said i would collect on Monday 18 December, 2023, but she said she must make photocopies of all documents between parties and that she would let me know once the file is ready.

I have read on google that the file must be made available to me immediately -  we have settled her account.

Message from the Lawyer

Posted by Att. Patrick on 22-12-2023 15:08:40

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

Your attorney is REQUIRED, in terms of her professional duties, to keep a copy of your entire file for 5 years. So, it is not like you can just arrive at her office in order to collect "your" file. It is actually your attorney's file. 

However, there is nothing wrong with you requesting a copy of your file, and if you pay your attorney for making the photocopies of the documents, then your attorney must give you that copy. But it would be a copy of the file, and not the attorney's actual file. 

You are right - the file must be made available immediately. BUT, this is the copy of the file. You can't expect your attorney to hand over her file. She MUST keep the file for 5 years, and if she doesn't, then she runs the risk of being sanctioned by the LPC. 

There is nothing stopping her from making a copy the same day that you request it from her, and giving it to you. 

Answer Accepted

This answer was accepted on 22-12-2023 17:03:18

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