After a joint personal injury representation ends and the file goes to one client's new lawyer, can the other former co-client get access to copy it?

Plain-English summary

The opinion addressed a husband and wife who had been jointly represented by Attorney A on a personal injury claim. After the couple separated and divorced and the claim settled, Attorney A released the personal injury file to the husband's new lawyer, Attorney Z. The wife, now adverse to the husband in an equitable distribution claim over the settlement proceeds, asked through her domestic lawyer to copy the personal injury file, and Attorney Z refused.

The opinion concluded that Attorney Z had to allow access. It reasoned that when parties are jointly represented in a matter, each party is entitled to access the legal file after the representation ends, citing RPC 178. Attorney Z was not required to bear the expense of copying the file for the wife, but had to give her a reasonable opportunity to copy the materials at her own expense.

The opinion drew one limit. Under Rule 4(b), Attorney Z was not to release confidential information of the husband that Attorney A or Attorney Z received only after the joint representation in the personal injury matter had ceased. Information generated during the joint representation was available to both former co-clients; later, separately acquired confidences were not.

Currency note

This opinion was issued in 1997, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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: Can one former co-client get the joint file even when the other objects?

A: Yes. The opinion concluded that each jointly represented client is entitled to access the legal file after the representation ends, so the lawyer holding the file had to allow the other co-client access.

Q: Does the lawyer have to pay for copying?

A: No. The opinion concluded that the lawyer need not incur the copying expense but must give the requesting co-client a reasonable opportunity to copy the file at her own expense.

Q: Is everything in the file fair game?

A: No. The opinion concluded that under Rule 4(b) the lawyer must not release confidential information of one co-client that was received only after the joint representation had ended.

Background and rules framework

The opinion applied the file-access principle of RPC 178 to a joint representation and limited disclosure under North Carolina's then-current confidentiality rule, Rule 4(b), which corresponds to Model Rule 1.6. The access duty itself tracks the surrender-of-file obligation associated with Model Rule 1.16.

Citations and references

Rules of Professional Conduct:

• MR 1.16 (surrender of papers and property)
• MR 1.6 (confidentiality of information)
• North Carolina Rule 4(b)

Other opinions cited:

• RPC 178: client access to the legal file and copying at the client's expense

See also

• NC Ethics Op. RPC 227: returning a former client's file
• NC Ethics Op. 98 FEO 9: charging to retrieve a closed file
• NC Ethics Op. 2012-13: safekeeping client files after a lawyer's death or disbarment

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-245/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry:

Husband and Wife were represented jointly by Attorney A on a personal injury claim. During the settlement negotiations, Husband and Wife separated and subsequently divorced. The personal injury claim was settled. An equitable distribution claim is pending in which the proceeds of the personal injury settlement are in dispute.

After the personal injury claim was settled, the legal file for the matter was released by Attorney A to Husband's new lawyer, Attorney Z. Wife is represented in the domestic action by Attorney L. Wife and Attorney L asked Attorney Z to make the personal injury file available to Wife for copying, but Attorney Z refuses to release any of the contents of the file to either Wife or Attorney L. Should Attorney Z allow access to the personal injury file?

Opinion:

Yes. When there is joint representation of parties in a particular matter, each party is entitled to access to the legal file after the representation ends. See RPC 178. Although Attorney Z is not required to incur the expense of making a copy of the personal injury file for Wife, he must give Wife a reasonable opportunity to copy the materials in the file at her own expense. Id. Attorney Z should not release any confidential information of Husband that was received by Attorney A or Attorney Z after the joint representation in the personal injury matter ceased. Rule 4(b).