The question of what information in a legal file held by a solicitor belongs to the client is a complex one. Most of the contents of a file do belong to the client and a solicitor cannot generally withhold the contents of your legal file unless they have a good reason to do so. Sometimes they may hold onto your file or specific documents that your file contains if there is still money owed on your account. This is called a lien, which in effect is your solicitor holding onto your file as security until you pay the money you owe to them. Additionally, not all of the contents are the property of the client; for example, detailed research notes, preparatory personal notes, and inter-office memoranda may rightfully be the property of the solicitor.


The Code of Conduct that the Solicitors Regulation Authority has developed binds the solicitor that is holding your file. The Authority represents over 100,000 solicitors that are currently working in the UK, as well as some foreign solicitors that have clients in Britain. The Code has clear guidance on how your solicitor should handle their relationship with you, including how your legal file is maintained and copied.
You solicitor may therefore allow you to copy the contents of your legal file that rightfully belong to you. This is common practice if you need copies of legal documents for your bank for instance. If you are in dispute with your solicitor, the Solicitors Regulation Authority can give you advice on how to proceed. And if your solicitor is blocking you from obtaining your legal file with no good reason put forward to do this, you can make a complaint to the Legal Complaint Service about your solicitor’s conduct.
Also, you may decide to change the solicitor you are using. You still own the legal file that your existing solicitor has at their offices (so far as the contents are rightfully yours and not the solicitor’s) , but your new solicitor will invariably contact your existing legal representative to obtain either your original legal file or a copy. Your new solicitor will also ask your old solicitor whether they intend to exercise a lien on your legal file. This could happen if you have yet to pay the fees you owe to your old solicitor, or you are in dispute with them over another matter.