Attorney NO-SHOW at 341 hearing!

[tigergem]

I'm guessing it was a "professional courtesy" kind of thing. I seriously doubt that the trustee would have permitted the 341 to proceed under those circumstances if there was anything legally "wrong" with the arrangement.

[Flamingo]

Can an attorney sit with you and offer advice even if they aren't "your" attorney? I am wondering if the trustee let the other attorney sit in more as if they were a friend who was licensed to offer legal advice, rather than them officially representing the debtor? Is that kind of thing technically possible, or is there no sharp distinction? Perhaps that helps to make the situation "okay".

If you have retained an attorney, another attorney cannot represent you unless your retained attorney maybe sends a colleague from their firm in his/her place to your hearing in the event something occurs where the retained attorney cannot make it. That is not the same an attorney approaching you in a courtroom because your attorney didn't show up and sitting with you during a 341. I believe the attorney "just sitting" and not actually representing the OP was acceptable as long as he didn't speak on the OP's behalf about the OP's case. It sounds like the OP did all the talking.

To the OP - as quickly as this turned around for you I wonder if someone recognized your situation being discussed on here and advised your attorney. For him to call you after all that has gone down and then offer your his cell phone number...I'm glad it all worked out...

[tigergem]

I'm willing to bet more likely Attorney B met up with Attorney A in a bar later and razzed him about it. Or called him to ask him how he planned to repay the favor.

[OutaBusiness]

If you have retained an attorney, another attorney cannot represent you unless your retained attorney maybe sends a colleague from their firm in his/her place to your hearing in the event something occurs where the retained attorney cannot make it. That is not the same an attorney approaching you in a courtroom because your attorney didn't show up and sitting with you during a 341. I believe the attorney "just sitting" and not actually representing the OP was acceptable as long as he didn't speak on the OP's behalf about the OP's case. It sounds like the OP did all the talking.

To the OP - as quickly as this turned around for you I wonder if someone recognized your situation being discussed on here and advised your attorney. For him to call you after all that has gone down and then offer your his cell phone number...I'm glad it all worked out...

Yes, that occurred to me too....but I don't care so long as his office starts paying attention now, starts being responsive & I actually have access to the attorney now.....it was a pain in the @$$ dealing with his terrible terrible staff. If something really bad happens as a result of him missing the 341 meeting, I can still file formal complaint with the Bar & request partial refund....I've got everything documented! Thanks to all for your advice on here!

[OutaBusiness]

I'm willing to bet more likely Attorney B met up with Attorney A in a bar later and razzed him about it. Or called him to ask him how he planned to repay the favor.

Attorney B acted like he had never heard Attorney A's name before and after the 341 was over, he said tell your attorney.....what's his name again?.... that I can review my notes with him if he has questions. Attorney B gave me his cell phone number on the spot & told me to call him if I needed anything at all.

[Mensa1]

Sounds like Atty B is one of the good guys... That was nice of him to stand in, even though he couldn't have objected or made any proceedural move since your Atty of record was not present. He was moreso adding moral support, which seemed to work for you. For the most part, Attys hardly ever utter a word at 341 mtgs, they are so cut and dried usually.

Atty A must be embarrassed; any professional would be. What is a simple fact is busy people do sometimes get into a time crunch and space an appt. (although this sounds like it was someone at his offc that screwed up). I certainly realize that this was catestrophic from your standpoint but in reality your Atty wouldn't have done anything that Atty B didn't do.

Send Atty B a thank you note when you case is over, letting him know how much that meant to you and you will never forget it. He will appreciate that. GL

[iv65536]

My attorney ran somewhat late for mine. The trustee moved on and came back to me at the very end of the day - my attorney was there; he had just been stuck in traffic as a result of (among other things) snow that morning.

[OutaBusiness]

Update on my situation - - Despite the attorney's NO SHOW at my 341 hearing back in March & having to do it myself, I recieved my Dischage of Debtor 5/25/2010! On with life now! The attorney and his staff continued to suck though, I had a question in April/May about return of a vehicle & I left messages, sent emails....NO RESPONSE. I had to call another attorneys office to get an answer. Is there a place on this website to warn others about certain attorneys/firms so that they do not get stuck with the same crappy situation? Just wondering if I can put a name on here. I did have someone send me a private message asking about the attorney, so maybe that's just the way to do it. Is there a rating system on this website? I will search again as soon as I submit this. Thank you all for the very helpful information posted on this site! Keep it up, people like me feel comfort in reading some of the non-horror stories & gathering helpful info that our attorneys don't bother to call us back to tell us! THANKS MUCH!

[StartingOver08]

You can also put your experience and rate your attorney here: http://www.avvo.com/

I tried to find out if there are other places to 'spread your news' about the attorney and naturally Martindale.com (well respected legal site) came up, but the reviews are peer reviews only. Kind of defeats the purpose since it is not consumer- centric, but might be worth looking at if you plan to retain an attorney. http://www.martindale.com/xp/legal/A...gs/ratings.xml

[nc73]

I think you freaked out for nothing. Attorney's aren't really needed at a 341 since most go without a hitch. That's why some send their paralegal. Granted he should have shown up but it's not the end of the world. Remember this isn't a murder trial, it's really only a meeting.

[newbie2]

I think you freaked out for nothing. Attorney's aren't really needed at a 341 since most go without a hitch. That's why some send their paralegal. Granted he should have shown up but it's not the end of the world. Remember this isn't a murder trial, it's really only a meeting.

One of the main reasons that people hire an attorney is for representation. I bet there are few attorney / client contracts for a BK that does not include the attorney being there for the 341.

We are one of the unfortunate filers who also did not have our attorney show up for our 341. There was an attorney for the creditor there. Thankfully, the trustee said "I'm going to set another date. Call your attorney and make sure she is here for the next one."

Frankly, this type of disservice to a paying client really ticks me off.