Sherrel and Leslie Stephen Jones - Page 14




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          when he purchased the attorney’s services.  See Swift, Currie,              
          McGhee & Hiers v. Henry, 581 S.E.2d 37, 39 (Ga. 2003) (citing               
          Resolution Trust Corp. v. H---, P.C., 128 F.R.D. 647 (N.D. Tex.             
          1989); In re Kaleidoscope, Inc., 15 Bankr. 232, 241 (Bankr. N.D.            
          Ga. 1981), revd. on other grounds 25 Bankr. 729 (N.D. Ga. 1982);            
          In re Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn                
          L.L.P., 689 N.E.2d 879, 882-883 (N.Y. App. Div. 1997)); see also            
          Averill v. Cox, 761 A.2d 1083, 1092 (N.H. 2000); In re X.Y., 529            
          N.W.2d 688, 690 (Minn. 1995).  These courts have held that the              
          creation of the case file is part of the services for which the             
          client pays his attorney, and they have justified their holdings            
          that clients have full access to and superior property rights in            
          their entire case file based primarily on the principle that the            
          fiduciary relationship between attorney and client necessitates             
          full disclosure.  See, e.g., Resolution Trust Corp. v. H---,                
          P.C., supra at 649-650; see also Swift, Currie, McGhee & Hiers v.           
          Henry, supra at 40; In re Sage Realty Corp. v. Proskauer Rose               
          Goetz & Mendelsohn L.L.P., supra at 882.                                    
               However, some courts have held that ownership of a case file           
          is divided between attorney and client.  These jurisdictions                
          generally hold that an attorney’s work product, including                   
          internal legal memoranda and preliminary drafts of documents,               
          remains the property of the attorney; however, the client has               
          superior property rights in the end product of the attorney’s               







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