Client Files

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Client Files

Post  nckrystalblue on Fri Jul 17, 2009 1:40 pm

NC laws apply to my questions
I am speaking in generalities as the case in question is still active.

1. What forms of communication between a plaintiff's lawyer and all involved parties (defense lawyer, commissions, mediators, drs etc.) are part of the case file to which one is entitled to receive should that lawyer cease to be the plaintiff's lawyer?

Ex. A: Plaintiff went to their lawyer to discuss increasing harassment on the job and not having WC related medical restrictions followed for so called light duty work (suddenly after 14 months of doing so). Lawyer repeatedly stated in previous emails and phone calls w/plaintiff that they have to follow the restrictions in place or plaintiff doesn't have to do the work. At this in person meeting, the lawyer stated "I will send an email to the defense attorney" (about restrictions and what is being asked of plaintiff job wise). Plaintiff thought this would resolve the situation at work but it didn't. The lawyer recently quit case but will not provide said emails or communications, stating that they are internal working papers or something of that nature and not part of the case file. These communications would be useful to the plaintiff for his unemployment appeal.

2. What part of the defense file does the plaintiff have the right to regarding their case (ex. adjuster's file for worker's comp case)?

3. What is the law in NC for employee access to employee files (or a good reference to said law, my google attempts have been fruitless for actual understandable codes)

Thanks
KB
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Re: Client Files

Post  JoeC (McGruff) on Sat Jul 18, 2009 12:26 am

I cant answer the attorney client question as far as you research here is North Carolinas employment and labor laws. http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0095 I did not see anything pertaining to employee files but it may be tucked in there some place.
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Re: Client Files

Post  nckrystalblue on Sun Jul 19, 2009 1:52 am

Would that still apply if the lawyer was originally hired for a worker's compensation case?

Thanks for the link to the NCGS though. Will be very handy.
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Re: Client Files

Post  JoeC (McGruff) on Sun Jul 19, 2009 3:07 am

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Really need help...

Post  nckrystalblue on Sun Jul 19, 2009 3:50 am

getting the first two questions answered (mostly the first, 2nd is bonus)

I need to know if we have ground to compel the lawyer to provide the documents in question or not. We only want what is rightfully available but nobody can seem to answer my question. Never mind the fact that he wants to use this in the UE Appeal... if it's part of his file we think he should have it. Especially to help corroborate the fact that there was a history of the job jerking him around with the restrictions and that the lawyers were aware of it (on both sides).
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Re: Client Files

Post  JoeC (McGruff) on Sun Jul 19, 2009 4:01 am

Thats why I gave you the link to the bar assoc. I don't have the answer (sorry), but they do.
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Re: Client Files

Post  nckrystalblue on Sun Jul 19, 2009 5:27 am

ok thanks. I'll see what I can find. All I saw briefly was a lawyer referral page or a paid consultation.
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Professional conduct

Post  Eric on Thu Aug 27, 2009 4:09 pm

When an attorney is no longer representing a client they have a duty to turn over all relevant files and communications that were made on behalf of that client at the end of the representation.

You can call the Bar Association in your area and ask them for the rules in the jurisdiction in which your relationship existed. Each jurisidiction has its own version of the model rules that they adhear to.

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