If you are in federal prison and want to challenge your conviction or sentence, one of the first things you may need is your former attorney’s case file. But what happens when your lawyer ignores your requests, refuses to send the documents, or claims you are not entitled to them?
A recent federal court decision confirms that prisoners may have a way to compel their former attorneys to surrender their case files. In United States v. Holness, 2026 U.S. Dist. LEXIS 239094 (D. Md. Oct. 19, 2026), a federal judge ordered a prisoner’s former attorneys to turn over substantial portions of his case file, even though they had opposed his request.
The decision provides useful guidance for anyone struggling to obtain documents from a former attorney.
Your Attorney Has a Duty to Return Your Case File
When an attorney’s representation ends, the lawyer generally has an obligation to surrender the papers and property to which the client is entitled. This obligation comes from state professional-conduct rules governing attorneys.
ABA Model Rule of Professional Conduct 1.16(d), which many states have adopted in some form, requires lawyers to take reasonable steps to protect a client’s interests when representation ends, including surrendering papers and property the client is entitled to receive.
Your former attorney’s file may contain correspondence, court filings, transcripts, investigative records, and other documents important to evaluating potential legal challenges. Some materials may not be available from the court clerk because they were never filed publicly.
Although the precise documents an attorney must surrender depend on applicable law, a lawyer generally cannot simply ignore a former client’s legitimate request for the file.
How One Federal Prisoner Got a Court Order for His File
In Holness, a federal prisoner serving a life sentence repeatedly asked his former trial attorneys for his case file. He made requests over several years, including written requests in 2025.
His attorneys refused to release certain materials, explaining that they had signed a discovery agreement with the government prohibiting them from giving the defendant copies of prosecution discovery without government permission.
Rather than continuing to exchange letters, Holness filed a motion in his original criminal case asking the federal judge to compel his former attorneys to surrender the file.
He explained that he had repeatedly requested the documents without success, cited the professional-conduct rules requiring attorneys to surrender client property, and attached correspondence documenting the refusal.
The attorneys opposed his motion, arguing that their discovery agreement restricted what they could release and that the federal court lacked authority to order them to surrender the file.
The court rejected the argument that it lacked authority to intervene.
In reaching that conclusion, the judge relied on several Fourth Circuit decisions, including United States v. Perez-Chach, 2026 LX 482789 (4th Cir. July 31, 2026), which rejected a district court’s conclusion that it had no authority to address a similar request.
The judge ultimately ordered Holness’s attorneys to provide the portions of his case file that were not subject to the government’s discovery agreement or protected by the attorney work-product doctrine.
The important lesson is that an attorney’s refusal to provide a case file does not necessarily end the matter. A federal court may be able to order the attorney to comply with the obligation to surrender client documents.
Does That Mean You Can Get Every Document?
Not necessarily. There is an important difference between the attorney’s case file and discovery provided by the government.
In Holness, the former attorneys had signed an agreement restricting their ability to give the defendant personal copies of prosecution discovery. The court enforced that agreement, even though it ordered the attorneys to release other materials.
That restriction did not eliminate the government’s obligation to disclose evidence to the defense. Under Brady v. Maryland, 373 U.S. 83 (1963), prosecutors must disclose material favorable evidence, and federal discovery rules impose additional obligations. But disclosure to defense counsel does not necessarily mean a defendant is entitled to personally possess unrestricted copies of everything the government produced.
Even when discovery restrictions apply, they should not be used as a blanket excuse for refusing to release unrelated portions of the attorney’s file. In Holness, that distinction was central to the court’s ruling.
A former attorney may also raise legitimate objections concerning certain internal work-product materials. The applicable professional-conduct rules and circumstances determine what must be surrendered.
What to Do When Your Former Attorney Ignores Your Requests
If you are having difficulty obtaining your case file, there are several practical steps you can take before asking a court to intervene.
First, request the file in writing. Send your former attorney a letter identifying your criminal case and requesting the complete case file, including the documents to which you are entitled under the applicable professional-conduct rules. Provide your current mailing address and ask for a written explanation if the attorney believes certain materials cannot be released.
Second, keep records of your requests. Save copies of your letters, any mailing documentation, and the attorney’s responses. If you receive no answer, send a follow-up letter. These records can help establish that you made reasonable efforts to obtain the file before turning to the court.
Third, identify the applicable professional-conduct rule. Most states have adopted some version of Rule 1.16(d), but the specific requirements vary. Determine which rules govern your former attorney and what those rules require concerning client files.
Fourth, consider filing a motion to compel. If the attorney continues to refuse or ignore your requests, you may be able to ask the federal court that handled your criminal case to order production. Explain your efforts to obtain the file, identify the documents being withheld, cite the applicable professional-conduct rule and relevant court decisions, and attach copies of your correspondence.
For prisoners within the Fourth Circuit, Holness and Perez-Chach offer particularly useful examples. However, those decisions do not guarantee relief, and the proper procedure may differ in other jurisdictions.
If your attorney claims that a discovery agreement prevents releasing the file, ask the court to distinguish between restricted prosecution discovery and other documents that should be surrendered. You can also request that counsel identify the materials being withheld and explain the basis for withholding them.
Why Getting Your File Matters
Your former attorney’s case file may be essential to understanding what happened during your criminal proceedings. It can help you or your legal team determine what evidence was available, what advice was provided, what objections were made, and whether there may be grounds for further review.
This is particularly important when evaluating ineffective-assistance claims, investigating potential constitutional violations, or reviewing issues that were not raised on direct appeal.
However, requesting your file does not stop the clock on any applicable filing deadline. If you are considering a motion under 28 U.S.C. § 2255, do not assume that waiting for your former attorney to respond will extend the statute of limitations or overcome restrictions on successive motions.
The takeaway from Holness is straightforward: you may be entitled to your former attorney’s case file, and you do not necessarily have to accept silence or refusal as the final answer. A documented request, the applicable professional-conduct rules, and a properly supported motion may provide a way to obtain the documents you need.
At Facing Federal Prison, I assist incarcerated individuals and their legal teams with postconviction case evaluation, legal research, and drafting assistance. If you are having difficulty obtaining your former attorney’s file or determining what documents may be important to a potential challenge, I can help you evaluate the available options.
Dale Chappell prepares people in sensitive, high-profile, and high-stakes federal cases for prison. He works with clients, families, and attorneys during pretrial, throughout incarceration, and during the transition to halfway house placement, home confinement, and supervised release.
Dale brings more than 17 years of experience, firsthand knowledge of the federal prison system, and experience testifying at high-profile public hearings on prison and criminal justice issues. He helps clients protect their safety and privacy, avoid decisions that can follow them throughout their sentences, and prepare for the strongest possible outcome at every stage.
Dale has written nearly 600 published articles on federal prison, post-conviction, and criminal justice issues.
Have questions?
Contact Dale directly at dale@facingfederalprison.com.
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