One of the most practical concerns people have when considering a switch in legal representation is a simple one: what happens to all the work that’s already been done? The medical records, the accident reports, the correspondence with insurance companies, the demand letter — does any of it carry over? Or does the new attorney have to start from scratch?
The answer is clear, and it’s reassuring: your case file belongs to you. Every document, every record, and every piece of work product in your file transfers to your new attorney when you make a change.
Here’s exactly how the process works.
1. Your Case File Belongs to You — Not Your Attorney
This is a foundational principle of legal ethics that applies in both Colorado and Nevada: the client owns the case file. Your attorney holds it on your behalf, but it is yours.
When you terminate the attorney-client relationship, your prior attorney is required to:
- Return all original documents and materials you provided
- Transfer all records, correspondence, and work product related to your case
- Do so promptly — ethical rules in both states require timely return of client files upon termination
Your attorney cannot hold your file hostage over a fee dispute. Even if there is a disagreement about what the prior attorney is owed, they must release your file. Any fee interest they have is protected by a lien on the case proceeds — not by withholding your documents.
2. What Is Included in Your Case File?
A well-developed personal injury case file typically contains a substantial amount of material. Everything in that file transfers to your new attorney:
From the accident and investigation phase:
- Police and accident reports
- Photographs of the accident scene, vehicles, and injuries
- Witness statements and contact information
- Surveillance footage or dashcam video obtained through investigation
- Accident reconstruction materials, if any
- Correspondence with the opposing party and their insurer
From the medical documentation phase:
- All medical records obtained from treating providers
- Medical bills and billing records
- Expert medical opinions or independent medical examination reports
- Records of future care projections
From the claims and litigation phase:
- All correspondence with insurance companies
- Demand letters sent and responses received
- Settlement offers and counteroffers
- Any filed court documents, if a lawsuit has been initiated
- Discovery materials — interrogatories, depositions, document productions
Administrative materials:
- The original retainer agreement
- Fee agreements and billing records
- Authorization forms signed during representation
3. How the File Transfer Works
In practice, once you have signed a new retainer agreement with your new attorney and sent a termination letter to the prior firm, the new attorney sends a formal file transfer request. This request:
- Identifies the specific materials being requested
- Provides instructions for how and where to transfer the file
- References your written authorization for the transfer
The prior attorney’s office then compiles the file and transfers it — typically electronically for digital materials and by mail or courier for physical documents. Most file transfers are completed within a few weeks, though timelines can vary depending on the volume of materials and the responsiveness of the prior firm.
If the prior firm delays or refuses to transfer the file, your new attorney can take steps to compel the transfer, including filing a complaint with the state bar if necessary.
4. What About Work Product the Prior Attorney Created?
Attorney work product — legal research, case strategy memos, draft motions, internal notes — occupies a somewhat different position than client-owned documents. Some of this material may be considered the attorney’s proprietary work and may not be required to be transferred.
However, the practical reality is that most prior attorneys do transfer substantive work product as part of the file, particularly in cases where a lien exists on the proceeds. It is in their interest for the case to succeed, since their fee depends on it.
Your new attorney will identify any gaps in the transferred file and, where necessary, will gather missing materials independently.
5. Does the New Attorney Have to Redo Everything?
No — and this is a critical point. Your new attorney reviews the transferred file and picks up from where things stand. They do not repeat work that has already been done correctly.
In some cases, however, the new attorney may identify:
- Evidence that was not gathered but should have been — additional witnesses, surveillance footage, or expert opinions that were overlooked
- Damages that were not fully documented — particularly future medical costs, lost earning capacity, or non-economic losses that were undervalued
- Legal theories that were not pursued — alternative liability arguments or additional defendants that were not identified
A fresh review of a case file by experienced counsel often uncovers opportunities that the prior attorney missed. This is one of the genuine benefits of switching to a more engaged and thorough firm.
6. What If Records Are Missing from the File?
If the transferred file is incomplete — whether because the prior attorney failed to gather certain records or because materials were lost or not transferred — your new attorney will work to fill the gaps.
Medical records can be re-requested from providers. Police reports can be re-obtained from the relevant law enforcement agency. Correspondence with insurance companies can often be reconstructed from the insurer’s own records. The absence of some materials from the transferred file is rarely fatal to a case.
7. Protecting Yourself Going Forward
Once you have new representation, a few steps will help protect your case:
- Maintain your own copies of all documents you receive going forward — medical bills, correspondence, and anything your attorney sends you
- Keep a record of all communications with your new attorney, including dates and key points discussed
- Update your new attorney immediately on any communications you receive from insurance companies, the prior firm, or any other party related to your case
Your File Is Your Property. Protect It.
The transition of your case file from one attorney to another is a well-established, routine legal process. It is not a reason to stay in a representation that isn’t serving your interests.
If you are considering a switch, Kim Welch Law will manage the entire file transfer process on your behalf — so you don’t have to navigate it alone.
Talk to Kim Welch Law Today
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com
*Kim Welch is a personal injury attorney serving clients in Colorado Springs, CO and Las Vegas and Henderson, NV. This blog post is for general informational purposes only and does not constitute legal advice. Contact our office for guidance specific to your situation.*