# Can client request part of file from solicitor 7 years ago?



## abagail (20 Nov 2013)

If a solicitor undertook work for a client say 7 or 8 years ago, has the client a right to request part of the file - or even the full file?  In this case the client has not dealt with the solicitor in question in the past 7 years , but is not happy with how a case was handled.   Would it cost anything to get the file / part of a file?


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## Bronte (20 Nov 2013)

I don't believe it should cost anything.  Maybe photocopying costs, but unlikely.


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## mf1 (20 Nov 2013)

Why would the solicitor still have the file 7 years later?  

Why would somebody brood for 7 years about not being happy about how a case was handled and not actually contact the solicitor during that time? 

As a practising solicitor I would be more than ticked off at the idea that a client from 7 years ago now wanted me to produce their file or a part of it, which presumably they expect I should have paid to keep in storage for them,  because they've now decided they're not happy with the way I dealt with it!

mf1


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## Luternau (20 Nov 2013)

Maybe information has just come to light? Could be property / title related? In such a case it would be unlikely the client had knowledge spanning 7yrs....It happens. It may be too late to do anything about it.

Edit: I assume this is related to the mortgage application detailed in another thread.


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## WizardDr (22 Nov 2013)

Would this not be outside the Statute of Limitations 1957 if the matter is more than six years old?


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## abagail (22 Nov 2013)

WizardDr said:


> Would this not be outside the Statute of Limitations 1957 if the matter is more than six years old?


 
dunno, thats why I am asking.  The solicitor was asked for it ( a copy of a letter, if such a letter existed ) within the 6 year time frame but did not furnish it.


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## Jim2007 (22 Nov 2013)

abagail said:


> dunno, thats why I am asking.  The solicitor was asked for it ( a copy of a letter, if such a letter existed ) within the 6 year time frame but did not furnish it.



Well first of all the that statute of limitations is all about the right to take legal action and while it is advisable to retain documents in line with that, it is not a requirement.

When a solicitor closes a file it is up to him/her to establish the retention policy for the file and at this point files are also sanitised of any unnecessary documents etc…  There is [broken link removed] practice note from the law society that gives some guidance on document retention, but is only a practice note. 

As to whether you would be entitled to get a copy of the file, I expect that it depends on the situation, if it was to take legal action against the solicitor, then most likely you would need a [broken link removed] before he would be obliged to provide you with a copy.


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## Time (22 Nov 2013)

If all fees are paid, the client owns the file and is entitled to it. 

Not a copy, the actual file.


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## RainyDay (22 Nov 2013)

Jim2007 said:


> As to whether you would be entitled to get a copy of the file, I expect that it depends on the situation, if it was to take legal action against the solicitor, then most likely you would need a [broken link removed] before he would be obliged to provide you with a copy.



I'm pretty sure you can request a copy of all documentation that refers to you under the Data Protection Acts.


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## Jim2007 (22 Nov 2013)

Time said:


> If all fees are paid, the client owns the file and is entitled to it.
> 
> Not a copy, the actual file.



Do you have a reference for this.  I can find no such reference in any of the practice notes or legislation.


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## Jim2007 (22 Nov 2013)

RainyDay said:


> I'm pretty sure you can request a copy of all documentation that refers to you under the Data Protection Acts.



It is not an absolute right there are exceptions and I would think that it is very unlikely that any court would allow it to be used as a means of subverting the discovery process in legal proceedings, to do so would open up the flood gates to all kinds of fishing expeditions.

It might well be that evidence uncovered via a DPA request that is not specific to a DPA complaint would be excluded if used for other purposes.


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## Time (22 Nov 2013)

Jim2007 said:


> Do you have a reference for this.  I can find no such reference in any of the practice notes or legislation.


I have asked for my files at the completion of work done. I received the full files.


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## Crugers (23 Nov 2013)

Jim2007 said:


> ...It might well be that evidence uncovered via a DPA request that is not *specific to a DPA complaint* would be excluded if used for other purposes....


I don't get it!
You don't need to have a "complaint" in order to be entitled to request details under DPA.


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## RainyDay (23 Nov 2013)

Jim2007 said:


> It is not an absolute right there are exceptions and I would think that it is very unlikely that any court would allow it to be used as a means of subverting the discovery process in legal proceedings, to do so would open up the flood gates to all kinds of fishing expeditions.
> 
> It might well be that evidence uncovered via a DPA request that is not specific to a DPA complaint would be excluded if used for other purposes.



Can I just clarify if this your personal opinion, or is this a matter of law? Is there any specific restriction in the Data Protection Acts about solicitor's files?


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## Jim2007 (23 Nov 2013)

RainyDay said:


> Can I just clarify if this your personal opinion, or is this a matter of law? Is there any specific restriction in the Data Protection Acts about solicitor's files?



If you read through the act etc you will find the restrictions and so on as to what you are entitled to be informed of etc... 

When it comes to uses of the information obtained for a purpose other than a complaint under the act, it is my option based on my understand of the rules of evidence, the discovery process in legal proceedings and comments on consumer mediation processes such as for example the FSO.  A common concern in such proceeds seems to be that any information obtained by the consumer could be excluded later in legal proceedings because it was not obtained under a judicial process.

Of course if in this case the solicitor has been following DPA and practice notes, there should be very little if anything left!


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## Time (23 Nov 2013)

The file would be work product and thus belong to the client.


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## RainyDay (23 Nov 2013)

Jim2007 said:


> If you read through the act etc you will find the restrictions and so on as to what you are entitled to be informed of etc...


Sorry, but I'm still a bit confused. I'm not going to read through the Act to answer someone else's query. I've been through the Acts a few times over the years. I don't recall anything in the Act that specifically refers to solicitors files. Are you aware of anything in the Acts about that?



Jim2007 said:


> When it comes to uses of the information obtained for a purpose other than a complaint under the act, it is my option based on my understand of the rules of evidence, the discovery process in legal proceedings and comments on consumer mediation processes such as for example the FSO.  A common concern in such proceeds seems to be that any information obtained by the consumer could be excluded later in legal proceedings because it was not obtained under a judicial process.
> 
> Of course if in this case the solicitor has been following DPA and practice notes, there should be very little if anything left!


I know absolutely nothing about this area. It would however seem quite bizarre for information obtained through one fully legal process would be excluded from use in another legal process.


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## shoegal (23 Nov 2013)

Depending on what the subject matter was the file may well be shredded by now. I contacted a solicitor recently about what had a been a straightforward conveyancing 8 years ago and was told the file had been shredded. It wasn't a big deal for me, I was able to get what I needed elsewhere but I was a little surprised at the time, however thinking about it of course solicitors can't be expected to keep everything for ever as Mf1 points out.


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## Time (23 Nov 2013)

They have to keep stuff relating to conveyancing for at least 6 years. After that it is likely to be gone.

Ideally if you want the file, it should be requested upon payment for the work done.


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