No prejudicing a former client by refusing to release file(s).
Q:
Lawyer struggling to obtain files from client’s former lawyer, who is asking for fees to be paid. It was a legal aid file, but former lawyer is trying to charge higher fees than allowed on the certificate. Can a former lawyer exercise a lien on a file when it prejudices the client?
A:
Send a letter to the former lawyer reminding of: (i) the former lawyer’s obligation not to prejudice the client on withdrawal; and (ii) the former lawyer is bound by the legal aid fee arrangement.
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