It’s The Client’s File

A common error that often leads to a disciplinary sanction is the failure to comply with the ethical obligation to provide the client file to either the client or successor counsel when the representation terminates.

A Michigan attorney had been reprimanded for the misconduct

Based upon respondent’s admissions and the stipulation of the parties, the panel found that respondent failed to surrender papers and property to which a client was entitled, in violation of MRPC 1.16(d); failed to promptly make a criminal defendant’s file, including all discovery material obtained, available to appellate counsel upon request, in violation of MCR 6.005(H)(5); and failed to preserve a criminal defendant’s file for at least five years after the file is disposed of in the trial court, in violation of MCR 6.005(H)(5). Respondent was also found to have violated MCR 9.104(1)­(3).

Note the Michigan requirement regarding preservation of the file in a criminal case, an obligation not found in the Model Rules. (Mike Frisch)