February 17, 2011
File Sharing A Must
The Virginia Disciplinary Board has imposed a five-day agreed suspension with terms in a case involving a client file.
The attorney was contacted by his former law partner with a request to locate the file of a former client in a habeas matter. The client had made a request for the file, which was in the custody of the attorney. The attorney advised the former partner that the file was off-site and she would have to pay the $25 retrieval fee.
Thereafter, the attorney did not produce the file, despite repeated requests and the former partner's statement of the urgent need for the file. The inaction took place over a period of several months.
The condition imposed along the the short suspension is the return the file. If the attorney fails to do so within 60 days, a 90 day suspension will follow. (Mike Frisch)
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