If you have fired your attorney, or your attorney has withdrawn, one of the first things you need is your file. You need it to find new counsel. You need it to protect your rights. And you need it because it belongs to you — not to your attorney. Here is what Georgia law says and what to do if your attorney refuses to cooperate.
You Own Your File
Under Georgia Rule of Professional Conduct 1.16(d), when representation ends, an attorney must “take steps to the extent reasonably practicable to protect a client’s interests” and must “surrender papers and property to which the client is entitled.” This is not discretionary. Your attorney does not get to keep your file because they are unhappy with you, because you fired them, or because there is a fee dispute.
What Is In Your File
Your client file includes all documents you gave your attorney, all court filings and pleadings prepared on your behalf, all correspondence with courts and opposing parties, any evidence gathered during the representation, and in many cases, the attorney’s work product prepared specifically for your matter. Some internal communications between the attorney and their staff may be excluded, but the core materials that affect your case rights belong to you.
What About Fee Disputes and Retaining Liens?
Georgia recognizes a common-law retaining lien, which allows an attorney to retain possession of certain property as security for unpaid fees. However, this right is not absolute, is subject to ethical limitations, and cannot be exercised in ways that would seriously damage the client’s interests. An attorney cannot hold your entire file hostage during active litigation simply because you owe them money — particularly if doing so would leave you unrepresented before an imminent court date.
How to Request Your File
- Send a written request — by email and certified mail — asking for your complete file.
- Be specific: request all correspondence, filings, documents, and evidence.
- Keep a copy of every communication.
- Set a reasonable deadline — 10–14 days is appropriate in most circumstances.
If Your Attorney Still Won’t Return Your File
If your attorney refuses to return your file after a written request, you have several options: a complaint to the State Bar of Georgia, a motion in the pending case, or in egregious cases, civil action. I help clients recover their files as part of representation in legal malpractice and abandonment cases. If you are in this situation, contact me today.