[This post is a follow-up to a prior post on the issues involved with terminating a relationship with an attorney.]
In my prior post on the subject of removing a file from one lawyer to transfer to another lawyer, I noted that the ABA Model Rule of Prof. Conduct (RPC) 1.16(d) provides that an lawyer must “promptly” turn over client property (i.e., the file) upon notification of termination, but that the lawyer also “shall take steps” to “protect a client’s interest.” I left off with the issue of how to prevent or control the actions of an lawyer who wants to do a flurry of work on a file after you have provided notice that you want to transfer a file.
This issue is easily addressed and here’s how:
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