Does an Illinois Divorce Attorney Have to Give Me My Case Files?

 Posted on February 18, 2022 in Family Law

Sometimes during an Illinois divorce, an attorney fails to represent their client in an appropriate or adequate manner. Other times, a client may simply be dissatisfied with the level of service an attorney provides, or unhappy with how quickly the case is moving. Whatever your reason for firing your previous attorney, you will likely want their case records so you can begin working with someone new without having to return to square one. Even if you have not fired your attorney, you can request copies of your case files for any reason. 

Unfortunately, sometimes attorneys are reluctant to hand over case files. They may want a client to pay them for past work or they may be worried that the client will discover that the attorney kept improper records about billing or the divorce case. If you are waiting to get your files from your former attorney and wonder if they can legally keep your records, read on. 

Attorneys Must Promptly Surrender Client Files

The Illinois Rules of Professional Conduct states that attorneys will promptly hand over files and other reasonable requests for information, even when an attorney has been fired. Lawyers are responsible for continuing to treat client information with the utmost privacy and giving clients detailed notes showing how they spent the client’s money on casework. Lawyers cannot charge a fee for copying client files, although they may charge a client for shipping costs. 

If a client has not paid their attorney in full, a lawyer in Illinois is not permitted to keep a client’s file until payment has been received unless they place a lien on the file. When an attorney works and a client does not pay, an attorney can place a lien, or hold, on the client’s file if the attorney gives the client notice that they are claiming the lien. An attorney cannot simply refuse to comply with a request to provide the file without taking appropriate actions. 

Illinois Divorce Attorneys Cannot Work on Contingency

Illinois divorce attorneys will usually try to prevent a situation where a client owes them money by requiring a client to prepay for their services in the form of a retainer. Certain kinds of attorneys, such as attorneys who pursue personal injury lawsuits, may agree to work on behalf of a client without pay until the case is won and the client receives a large financial settlement. Illinois divorce attorneys, however, are not allowed to work on contingency fees - that is, they cannot forgo pay until they achieve a successful outcome. 

If you are waiting for your previous attorney to give you case files or you have a fee dispute, it is important to retain the services of another attorney who can help you recover case files as well as move forward with your divorce case. You can also file a complaint with the Illinois State Bar Association.  

Contact a Hinsdale, IL Divorce Lawyer

The experienced DuPage County divorce attorneys with Law Office of Martoccio & Martoccio understand how important it is to have accurate records of your previous legal actions. If you need help with any part of your divorce process, our skilled team will advocate passionately on your behalf and work hard to position you for a favorable outcome. Call us today at 630-920-8855 to schedule a free initial consultation and learn more about how we may be able to help. 

Source: 

https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/99cefff8-428c-4fab-a763-1f3dd226de86/RULE%201.16.pdf