ETH 2019-6
Opinion No. 2019-6
Withdraws Adv. Op. 1992-08
Ohio Ethics Opinion
Ohio Board Of Professional Conduct
August 2, 2019
Richard A. Dove Director
D.
Allan Asbury Senior Counsel
Kristi
R. McAnaul Counsel
Patricia A. Wise Vice- Chair
Ethical
Obligation to Deliver a Former Client’s File
SYLLABUS:
A lawyer’s file related to the representation of a
client constitutes the “papers and property” of
the client. A lawyer is not required by the Rules of
Professional Conduct to maintain a former client’s file
for a minimum period of time after termination of
representation. When a lawyer has maintained a former
client’s file for a substantial period of time after
termination of representation, he or she is required to
promptly deliver the file upon the client’s request. A
lawyer should deliver a former client’s file in the
same manner it was maintained or in an accessible format if
the file was stored digitally.
QUESTION
PRESENTED: Whether a lawyer has an ethical
obligation to deliver a client’s file upon request of a
former client?
APPLICABLE
RULES: Prof.Cond.R. 1.6, 1.15, 1.16
OPINION
HON.
JOHN W. WISE CHAIR
A
lawyer seeks clarification of her ethical obligation to
deliver a client’s file to a former client that she has
maintained for several years after the termination of
representation. The lawyer was fully compensated for her
services at the time of termination.[1]
The
Rules of Professional Conduct require a lawyer, after
termination of representation, to “promptly”
deliver to the client all papers and property to which the
client is entitled. Prof.Cond.R. 1.16(d). Most often, the
obligation of the lawyer to promptly deliver the file is
triggered when the representation is abruptly terminated
before the underlying legal matter has concluded and the
client must retain new counsel to continue the
representation. However, it is not unusual after termination
of representation for a former client to leave his or her
file in the possession of the lawyer or law firm for an
indefinite period of time. Even though a lawyer has continued
to maintain a client’s file for several years after the
termination of representation, the file...
