Bloomberg Law
July 2, 2015, 12:54 PM UTC

Who Gets the Notes? The ABA Sides With Firms

Ellen Rosen

Clients may come and clients may go, but until now it hasn’t been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys.

To resolve the ownership question, the American Bar Association has issued an opinion clarifying that when a client severs relations with an attorney or firm, the client is entitled to completed legal documents and correspondence, along with some other materials.

In “Formal Opinion 471,” the ABA’s Standing Committee on Ethics and Professional Responsibility said that some jurisdictions follow a so-called “entire file” approach. Under that view, a ...

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