The deal at this time is that we have the letter authorizing this
transaction but the files are in offsite storage and there is a large
cost associated with this and the departing attorney is having problems
with the cost.  As the firm as a whole received money during the
representation when he was at the firm he is having problems with this
decision.

A tricky situation.  Personally, I don't think his argument that,
because the firm generated revenue during representation it is therefore
more obligated to pay for transfer costs than the receiving firm.  The
revenue generated was for legal services performed, not to cover the
potential cost of future file transfers.  

The "cause" of the cost is the client's desire to transfer
representation, and therefore (again, IMO) should be a cost borne by
either the new firm or the client, or both (negotiated amongst
themselves, not with the previous firm).  An instance where I could see
the previous firm absorbing some or all of the costs is if there were
some sort of issue with the previous representation causing the client
to seek new counsel.

I hope that helps!

Julie
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