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Another - Attorney Refuses to give back file

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wnagel

Member
What is the name of your state? KS

I had a divorce attorney for 5 years. At the end I did owe him some money and he told me that I could not have my case file until I'm paid up. Well, I filed bankruptcy last month and now owe him nothing. I now asked for my case file. He now tells me that I must pay a "document retrieval fee" for each document. Heck, my case file is probably 3 or 4 boxes full. Yes, I realize that he is pissed that I stuck him with a bankruptcy. My question is:

1) Can he charge me a retrieval fee or be selective for what he gives me back?
2) Where do I find the actual law, to find out if in Kansas he can do this and what the rules are?
3) Being that I told him that I have an important hearing in 3 weeks and need these documents, is there any damages by him, by refusing to give me my documents?
4) Will the Kansas Bar really do anything?
 


stephenk

Senior Member
do you have another attorney representing you? If yes, have your new attorney deal with your old attorney.

If you are representing yourself, contact the State Bar and file a complaint against your former attorney. That will get him to comply quickly.
 

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