Must a court-appointed attorney who has been discharged return the client's file to the client on request?
Apply this to your situation
This page answers the general question as of 1980. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.
Plain-English summary
The committee considered whether a court-appointed attorney who had been discharged still had to return the client's file. It concluded that the attorney is under an ethical duty to return the client's file on the client's request even after discharge, citing DR 2-108(D).
Currency note
This opinion was issued in 1980, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note states that Rule 1.16(e) now governs a lawyer's duty to provide files to a former client. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Did a discharged court-appointed attorney have to return the file?
A: Under this 1980 opinion, yes. The committee found an ethical duty to return the client's file on request even though the attorney had been discharged.
Q: Did it matter that the lawyer was court-appointed rather than retained?
A: The committee applied the file-return duty to the court-appointed attorney without distinguishing the appointment, citing DR 2-108(D).
Background and rules framework
The opinion applied the former Code's DR 2-108(D) to the return of a client's file after discharge. The committee note maps the question onto current Virginia Rule 1.16(e), corresponding to ABA Model Rule 1.16 on declining or terminating representation and the return of client materials.
Citations and references
Rules of Professional Conduct:
- DR 2-108(D) (former Code)
- Virginia Rule 1.16(e) (duty to provide files to a former client) (cited in the committee note)
- ABA Model Rule 1.16 (declining or terminating representation)
See also
- VA LEO 1357: Refusing to Let a Client See the File Is Presumptively Prejudicial
- VA LEO 431: Departing Associate and Client Files
- VA LEO 465: Retaining Lien on Client Property for Unpaid Fees
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0352.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LEGAL ETHICS OPINION 352
CLIENT’S FILE – DISCHARGE
A court-appointed attorney is under an ethical duty to return the client's file to him upon the client's request even though the attorney has been discharged. [See II: DR:2-108(D).]
Committee Opinion
January 7, 1980
Legal Ethics Committee Notes. - Rule 1.16(e) governs a lawyer’s duty to provide files to a former client.
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