Can a lawyer refuse to return medical files and evidence until postage is paid upfront? -

My dumb lawyer requested a voluntary dismissal of my deceased mom s med mal case. He screwed it up. At the time, he said he d immediately return the files-- but he didn t. Now he wants postage ($40) up front before returning them. I have extremely limited time restrictions in Illinois to attempt to find a lawyer to refile this case or it will be forever closed. Can he hold my stuff for ransom until this petty amount is sent.

Most states have what is called a quot;charging lienquot; by means of which a professional can retain property of the client in his/her possession to secure (re)payment of fees and expenses. Its like your bank holds a lien on your house (but less formal), or your landlord on your belongings, or a mechanic on your car. You have a right to dispute the amount the atty claims is due and to see proof of the expense.

Yes, he can charge for postage, but why bother when you could just get the files from the hospital(s) again?

Yes

Sue the lawyer and yes they can refuse to return them.

yes they can their the big boss.

Technically he s not holding it hostage. You just have to cover the expense of having the files mailed to you. Is it possible to just go to his office and physically pick them up? You won t have to pay anything then. But yeah, he has every right in the world to make you pay for postage and handling.