Ethics Committee Advisory Opinion #2005-06/03
By the NHBA Ethics Committee
Lawyers are obligated to transfer the client’s complete file, including all electronic communications and documents, to successor counsel upon the client’s request.
The client file is the client’s property.
The client’s file includes all tangible materials, including writings, photographs, video recordings, and electronic communications.
The client’s file must be transferred to successor counsel upon the client’s request so as to avoid prejudice to the client’s interests.