FAQ Lawyer Part IV

8. WHEN WILL I GET MY FILES BACK?

As a rule, original files are handed over to the lawyer and remain in the firm’s possession, where they must be kept safe and secure, for the duration of the proceedings. Whenever possible, you will be given the opportunity to submit copies of your documents so that you retain the originals. Should you require the original files, you can request them at any time, even during the proceedings. A simple consultation with your legal representative on the way forward will be helpful.

If the files remain in our law office during the proceedings, the originals shall be returned at the latest after the case concludes. The remaining client files are kept and archived for at least 10 years after the end of the mandate.

9. CAN I CHANGE MY LAWYER?

In principle, it is possible to change your lawyer at any time, as this is a service relationship. Certain conditions must be observed in proceedings for free legal representation. It may also be necessary to consult with any legal protection insurance that covers the costs of the procedure.

A change of lawyer may take the form of the client withdrawing their mandate or the lawyer resigning. There are no specific formalities for termination, but it is advisable to use written means. The reasons for a change of lawyer can be very varied, including differences of opinion or conflicts of interest, fee disputes, an office move, or even the illness, injury, or death of the lawyer. The lawyer must not resign the mandate at an untimely point in the proceedings.

In the case of free legal representation, a change of lawyer requires the approval of the authorities because there is a legal relationship between the lawyer and the state. An application to change the lawyer shall be granted only if the party can objectively demonstrate on a reasonable basis that they have lost confidence in the lawyer.