Law Practice Essentials

Documents which are created during the retainer belong to the client if the client has paid, or is liable to pay, for their preparation or if they are prepared by third parties and sent to the lawyer, other than at the lawyer’s expense.    

All of the following are owned by the client and should be provided to the client without further copying charges (with the possible exception of letters sent by the client to the lawyer): 

• client documents brought to the firm by the client; 
  
• originals of all documents prepared for the client; 
  
• copies of all documents prepared by the lawyer for which the client has paid, including draft copies of documents, including drafts of pleadings and written submissions; 
  
• copies of letters received by the lawyer, some of which may be paid for by the client; 
  
• copies of letters of instruction from the client to the lawyer; 
  
• copies of letters from the lawyer to third parties kept in the client file; 
  
• originals of letters from the lawyer to the client, though these would be sent to the client in the normal course; 
  
• copies of case law; 
  
• notes of telephone calls, meetings or interviews; 
  
• briefs and memoranda of law where preparation was paid by the client; 
  
• documents created in preparation for a hearing or trial, such as briefs, trial books and books of documents and exhibits 
  
• letters received by the lawyer from third parties; 
  
• copies of vouchers and receipts for disbursements made by the lawyer on the client’s behalf; 
  
• expert reports; and
• questioning (both for discovery and cross-examination) and trial transcripts. 

Except in limited circumstances, the client owns and should be provided the paper and electronic file. The digital file materials, including drafts of work in progress, form part of the work product for which the client has paid or is liable to pay and should be provided to the client or their new lawyer. New counsel should not be expected, for example, to retype an entire agreement or pleading because the former firm has refused to provide an electronic version for editing.