A lawyer has an ethical obligation to care for a client’s property as a careful and prudent owner would when dealing with like property and shall observe all relevant rules and law about the preservation of a client’s property entrusted to the lawyer.
The documents that shall or should be provided to a client upon the termination of a retainer is a matter of law. Lawyers may wish to consult the Guide to Retention and Destruction of Closed Client Files for Lawyers on the issue of document ownership.
Unless previously provided to the client or otherwise agreed with the client, prior to closing the file, lawyers should return to the client all property that the client provided to the law firm during the course of the matter together with all documents or other property that was obtained in connection with the matter. The lawyer should consider having the client sign an acknowledgment indicating receipt of the documents.
Additional considerations apply when a lawyer transfers a file upon being discharged by the client or withdrawing from representation. For example, subject to the lawyer’s right to a lien the lawyer shall deliver to, or to the order of, the client all papers and property to which the client is entitled and shall give the client all information that may be required in connection with the case or matter. In addition, the lawyer shall cooperate with the successor lawyer or paralegal so as to minimize the expense and avoid prejudice to the client. Lawyers should review Rules 3.7-8 and 3.7-9 of the Rules to determine their professional obligations upon termination of the lawyer-client relationship either by discharge or withdrawal.