Category | Example of Documents | Belongs to Client | Belongs to Solicitor |
Client's property Solicitor prepared for client’s benefit Solicitor has been paid | copies of case law instructions to counsel by solicitor briefs documents drafts and copies originals of all documents prepared for client copies of letters received by solicitor (if paid for by the client) copies of letters from solicitor to third parties kept in the client’s file originals of letters from solicitor to client witness proofs/statements of evidence/notes of conversations with witnesses copies of any documents prepared by the solicitor for which the client has paid (including file notes/attendance notes) | Yes | No |
Client’s property Third party documents sent to solicitor | Letters received by solicitor from third parties Vouchers and receipt for Disbursement made by solicitor for client Expert report Discovery and trial transcripts | Yes | No |
Solicitor’s property Prepared by solicitor for own benefit Client has not been billed | copies of letters (not paid by client) copies of letters from Solicitor to third parties(not paid for by client) entries of attendance working notes, summaries of evidence, submissions to court (not paid for by client) file-office memoranda (non-legal) entries in diaries time sheets office journals books of account notes and documents prepared for solicitor’s own benefit or protection (unless paid for by client) | No | Yes |
Solicitor’s property Client sent to solicitor Ownership intended to pass | originals of letters from client to solicitor instructions from clients to solicitor authorisation sent by client to solicitor documents sent by client to solicitor with intention the document becomes the solicitor’s property | No | Yes |
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