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Old 07-08-2015, 12:51 PM
HammerDad HammerDad is offline
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Use this:

Guide to Retention and Destruction of Closed Client Files, For Lawyers - Appendix 2 | The Law Society of Upper Canada

The lawyer is entitled to keep certain documents, as they belong to the lawyer. Should you require a copy of those documents, you would have to pay for them. But everything else is yours.

I would (have your new lawyer?? if you want to incur the cost) send your old lawyer a letter requesting the documents which belong to you per the Law Society's guidelines. That if they want to make copies of those documents, they may do so at their own expense. For all documents which belong to the lawyer, you will pay the $0.25 for. However all of the documents that belong to you should in a separate package so that you are able to easily ascertain which documents the lawyer has taken the position belongs to them.

Essentially, you are telling them they have to give you what belongs to you and want copies of what belongs to them. That it is up to them to waste their time filtering through the file to figure out whose is whose. That may give them pause that you know you are entitled to a good chunk of the documents without cost, and if they should likely do a cost/benefit analysis on whether it is worth it to even attempt to figure it out.
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