Appendix C

Ownership of file documents – Rule 14

Category

Types

Examples may include

Client’s property

Solicitor prepared for client’s benefit

Solicitor has been paid for these documents

Third party documents sent to solicitor

Instructions to counsel by solicitor

Briefs

Draft documents

Originals of all documents and advices prepared for client

Witness proofs / statements of evidence / notes of conversations with witnesses

Documents received by solicitor from third parties

Receipts for disbursements made by solicitor for client

Expert report

Discovery and trial transcripts

Solicitor’s property 

Prepared by solicitor for own benefit

Client has not been billed

Client has sent to solicitor

Ownership intended to pass to solicitor 

Entries of attendance

Working notes, summaries of evidence, submissions to court (not paid for by client)

Diary entries, time sheets

Books of account

Notes and documents prepared for solicitor’s own benefit or protection (unless paid for by client)

Instructions from clients to solicitor

Authorisation sent by client to solicitor

Documents sent by client to solicitor with intention that document becomes the solicitor’s property