0
Actually, states vary with how this is legislated and some are not mandated to follow any protocol at all. In Florida beginning 01.01.2006 all attorneys are mandated to appoint an "Inventory" attorney if there are not partners to take over their caseload. If your case has been "closed" and you haven't seen your attorney for a while, (FL doesn't really specify a time-frame in it's statutes) then your file(s) can be destroyed. If your case is "open" then it is incumbent upon the Inventory attorney to find another lawyer to take your case or you may choose.
Funny thing, they are not mandated to write down the files they destroy. Mine were destroyed prior to me finding out that my attorney had died 2 years earlier. The Inventory attorney said he didn't recognize my name...big surprise.
I needed information from my file but had no recourse. This law should be changed to make attorney's be more responsible and at least make a LIST of what files the attorney had (by name) when they died and when/where and whom destroyed them. Good question to ask before you hire an attorney...what happens to my file(s) if and when you die?
Check with your state's bar association and they will be able to inform you if there are any laws regarding this in your state. Alot of the documents attorney's prepare are filed with your clerk at the court house or they are filed wherever the motion was heard or happened. Hope this helps.
What else can I help you with?
What happens if while committing a crime the defendant is injured and becomes incompetent to stand trial?
Somebody dies Not really I made it up
What happens if a criminal defendant dies with charges pending?
No defendant no charges. It is done.
What happens when a defendant dies before his appeal goes through. Is the case closed and the he remains innocent until proven guilty?
Generally, if the defendant was originally proven guilty, and as said he dies before his appeal goes thru, the original verdict of "GUILTY" will be upheld. However, this may depend of certain state statutues.
What happens when a judge dies during trial?
If a judge dies during a trial, a new judge would typically be assigned to the case to ensure continuity and proceed with the trial. The new judge would review the case documents and proceedings before making any decisions or rulings.
What happens if the Witness of a will dies before testator?
Nothing.
What happens before Frankenstein is about to leave for college?
His mother dies.
In Shippuden does Gaara kisss anyone?
No, he dies before that happens
Is it true that baptism happens just before someone dies?
no
What happens if a President dies before being inaugurated?
The speaker of the house will be the acting president.
What happens to tiny Tim while scrooge is gone?
He dies before the next Christmas
If a beneficiary of a life insurance policy dies before the insured what happens to the money once the insured dies?
Goes to the beneficiaries heir's or estate.
What happens if the sole beneficiary to a life insurance policy dies after the insured dies but before the claim is processed?
The proceeds belong to the estate of the beneficiary.
