Q.  My client recently informed me that he is hiring a different attorney. Do I have an obligation to return my files to him?

A.  Rule 1.16(d), concerning “Declining or Terminating Representation,” states that a lawyer must take reasonable steps to avoid any unforeseeable prejudice to a client. This includes delivering to the client all papers and property to which the client is entitled.  In addition, ISBA Professional Conduct Advisory Opinions 94-13 and 94-14 discuss what papers a client is entitled to and who pays the expense for copies of files.  Comment [9] to Rule 1.15 provides that “the lawyer may retain papers as security for a fee only to the extent permitted by law.”  The applicability and effectiveness of Illinois’ common law retaining lien is discussed in In re Liquidation of Mile Square Health Plan of Illinois, 218 Ill.App.3d 674, 578 N.E.2d 1075 (1^st Dist. 1991). 

ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

[Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]