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Getting files from your attorney This is only true when you are seeking copies of the file while you are still being represented by the attorney. You should make a formal request to the attorney in writing. If the attorney fails to respond, this letter can be used as evidence for future State Bar purposes.
If it's your file, a simple written and signed request should do. Send certified if you have to. You should get a copy of the majority of the file once without fuss unless it is old and has been purged. Just send a simple letter asking for it.
An executor or executrix is the person named in a will to carry out the terms of the will. Upon petition, the Superior Court will verify the appointment of the executor in the will and issue Letters Testamentary which give the executor the right to administer the estate of the deceased and to dispose of any property.
While you are not required to have legal representation, the probate process in California can be complicated. The process depends on what type of assets the person who died had, if there were listed beneficiaries, if there any contests, etc.
In Florida, the client file is the property of the lawyer and the lawyer may assert a retaining lien on the client file after the representation is terminated; however, Florida Bar Rule 4-1.16(d) states that, upon termination, the lawyer must surrender papers and property to which the client is entitled, take all steps ...
The most common disciplinary complaints filed against lawyers are for: Neglect. Lack of communication. Misrepresentation/Dishonesty. Scope of representation. Fee disputes/Excessive fees.
How to obtain letters of administration in California. To start the process of obtaining a letter of administration, you must fill out Form DE-150. The completed form DE-150 should then be submitted to the probate court in the county in which the deceased resided in at the time of death.
The only time a lawyer may refuse to produce his work product is when: 1) the lawyer has a lien on the file for money owed; 2) a court orders the lawyer to withhold the notes; 3) disclosure of the information would violate a duty owed to a third person; or 4) disclosure would run the risk of causing serious harm to the ...