How to get your case file from your malpractice lawyer in New York

The file belongs to the client.  You should make certain that you have a complete scanned copy of the file.  Nothing should be given to the client that you don’t have a copy of.

After you burn the client’s file to a compact disc, you can mail the compact disc to the client as long as he/she signs a receipt acknowledging that a copy of the file was sent to them.  The client’s receipt for the file should be placed in the “miscellaneous” tab of Trialworks and a notation should be made in the “notes” tab of Trialworks stating the date that the file was given to the client.

Why it’s done this way: The New York Court of Appeals has determined that materials in client files properly belong to the client, rather than the attorney. Sage Realty Corp. v. Proskauer Rose Goetz, 91 N.Y.2d 30, 689 N.E.2d 879, 666 N.Y.S.2d 985 (1997).