Law Practice Essentials

Documents created during the retainer belong to the lawyer if: 

• the lawyer was under no duty to prepare them; 
  
• the documents were not prepared for the client’s benefit; and 
  
• the client is not liable to pay for them. 

The retainer letter should address what documents the lawyer owns and should consider in as much detail as possible what the client is and is not liable to pay for.  

Documents properly belonging to the lawyer include: 

• documents sent to the lawyer in circumstances where ownership was intended to pass to the lawyer; 
  
• original letters sent by the client; 
  
• copies of all original correspondence; 
  
• copies of original documents or correspondence belonging to the client, and copied at the lawyer's expense; 
  
• working notes or summaries, lawyer’s notes regarding submissions to court; 
  
• inter-office memos; 
  
• time entries; 
  
• accounting records; 
  
• original receipts and disbursement vouchers; and 
  
• notes and other documents prepared for the lawyer's benefit or protection and at the lawyer's expense.