As set out above, and subject to a lien, the client owns their file and can request it at any time. Upon request, we are required to provide the file containing documents owned by the client and we have to provide it in the format in which it is held. For example, if the file exists only in hard-copy form, it will be provided as a hard copy. In most cases, however, files are held electronically. If a client requests a hard copy of an electronic file, they will have to pay the reasonable costs of printing and delivery (if required).
The case of Fairstar makes it clear that in addition to property in the file the clients also own the information in the digital files and this is a separate right they have, albeit also subject to a lien.
You must carefully consider a request for the file. You must be satisfied that it has been made by someone with a right to the file and you must be satisfied that there are no concerns as to what the file may or may not say. So long as you are satisfied in these two respects you can action the file request.
Where you cannot see any difficulties with the provision of a file then you should decide whether you will provide a hard copy or a digital copy of the file. To provide a digital copy of the file, contact the IT Team. They have a standard template of questions which you will need to answer and return, together with a copy of the client consent. To provide a hard copy of the file, contact the Admin Team, and consider if we should first take a copy. Again, any such request should be accompanied by client consent. Usually, we should take a copy of anything we do not already have digitally. For these kinds of routine file requests, you can consult the Corporate Counsel who has expertise in the provision of files to clients.
Please read the Law Society note carefully before arranging for the transfer of a file to a client or new replacement solicitor. Before the file leaves the firm, it is your responsibility to remove from the file any material which does not belong to the client (such as any internal correspondence for which the client has not been charged - this is why we require you to file such from the outset in a sub folder marked "Not Part Of The Client File". However, if disclosing them poses no risk, then in practice there is no need to carry out such a filleting exercise.
Hint: The test in respect of whether a document should be provided to a client is whether that document is owned by the client or the firm. The client is only entitled to see documents which they own (note that this is not formal disclosure under CPR r.31). For example, we would not provide to the client any internal documents and correspondence relating to matter opening processes, risk and compliance/KYC/AML checks, billing processes, client's complaints or claims etc, which are all documents belonging to the firm and/or are privileged.
Where a client requests the file and you are concerned about the client's motives or the contents of the file, then you must promptly contact the General Counsel.