Last month, the United States District Court for the Southern District of New York issued an opinion reiterating the that “entire file” approach is the answer to the age-old question of “what constitutes a client file” under New York law. Eletson Holdings, Inc. and Eletson Corp. v. Levona Holdings, Ltd., No. 23-CV-7331 (LJL), 2025 WL 893686, at 13-15 (S.D.N.Y. Mar. 24, 2025). As the court explained, under the “entire file” approach, “[u]pon termination of the attorney-client relationship, a client has presumptive access to its former attorney’s entire client file on a represented matter, absent a substantial showing by the attorneys of good cause and subject to the client paying for the assemblage and delivery of the documents to the client.” Id. at 13. This entire file approach includes all documents reflecting communication between the attorney and client. Id. The “entire file” also includes all drafts, copies, and notes that related to the lawyer’s representation of the client. Id.
Read the full article by Andrew Stewart on the Legal Ethics Blog.