A client of the firm decides to terminate the lawyer’s representation of him in a legal matter. He requests that the file be turned over to him. What information, if any, can be removed from the file before it is turned over to the client?
What will be an ideal response?
The attorney must act promptly to turn over the client’s file so as to not jeopardize the client’s legal matter. The work product doctrine does not apply to removal of the mental impressions, legal theories and strategies from the file before turning it over to the client. Internal memoranda or notes pertaining to the law practice may be removed. Work product only protects from intrusion by third parties during the discovery process. The client is entitled to drafts of documents, research notes and other work completed on behalf of the client.
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