Newly fired lawyer must forward the mail -- at no charge

Question: For nearly 10 years, our association has used the same attorney. Each board reminds the attorney to make copies of everything he does as it relates to the association and forward those copies, yet he does not. We have no idea what is in our file, and when asked to produce it, he now says 10 years’ worth of files could cost us more than $1,000 for copies. Must we pay this fee?

As a board member, it’s my task to audit all the attorney’s invoices to the association. I learned that when documents were filed pertaining to the association, the attorney put his address on the paperwork. Any documents or correspondence pertaining to covenants, conditions and restrictions; filing with the secretary of state for our articles of incorporation; or other required information go directly to his office. The attorney’s bills show he charges for opening and forwarding our mail to us. We’re now terminating this attorney, but he refuses to tell us everywhere he’s put his address in place of the association’s address. How can we stop our association’s business from being forwarded to this attorney, and can we stop him from billing us for opening or forwarding our mail?

Answer: Pursuant to California State Bar Professional Conduct Rule 3-700, at the client’s request, the attorney must promptly release all the client’s papers and property “whether the client has paid for them or not.” Every piece of mail returned to the attorney is the client’s property, and on return of the file, all those documents should be there. Once the attorney-client relationship is terminated, the attorney may not bill you for work and he must still forward association documents.

The original file and all that it contains belong to the client. If the attorney chooses to make a copy of the file for his records, that is his choice, and he does so at his own expense and with permission of the client. Turning the original file over to the client costs nothing. If the association terminated the attorney and demanded the file be returned or sent to a new attorney, there should be no cost for either.

It may at first appear to be difficult to determine what mail has been diverted or redirected, but it is not impossible. Because the attorney took responsibility for address changes, he is also accountable for keeping a list of the addresses he changed and his telephone calls on the subject. Write a demand letter to the attorney to provide the association with an accounting of all mail that was redirected to his office, a list of all telephone calls regarding the subject and all attorney retainer agreements.

Each incoming board of directors has a duty to review all vendor performance and existing contracts, including attorney agreements. Attorney retainer agreements should describe expense items, otherwise the association may have a claim for return of certain moneys paid.

Business and Professions Code sections 6200 to 6206 address the mandatory arbitration requirement of any fee dispute for legal services performed. In California, the agency that administers the fee arbitration process is that county’s bar association.

Ignorance is not bliss; get the info

Question: When I bought my home, I wasn’t told I would be responsible for knowing all the laws that relate to living in a common-interest development. Can I sue the seller, the association or the sales agent for not informing me of this?

Answer: Probably not. The axiom about “ignorance of the law” not being an excuse certainly applies to purchases of this nature. Although the seller may be required to provide the prospective buyer with certain documentation, keeping current on the law and any changes is the responsibility of the buyer and titleholder. In many instances, that knowledge may give you more information than many board members. Staying informed is a major requirement for owning and living in a common-interest development subject to a homeowners association and a board of directors.

Send questions to P.O. Box 11843, Marina del Rey, CA

90295 or by e-mail to noexit@mindspring.com.