change lawyers?

[workinghard]

Has anyone changed lawyers (fired their current one) after having the 341? I'm not happy about the way my plan is being handled and think I need to get some "big guns" on my side, someone willing to fight harder for me... and wondering how to go about it.

Thanks!

[Granny]

I fired my attorney after the 341 meeting. We were talking on the phone because I had some concerns that the figure he used for Sch I was incorrect and that I might be open to fraud charges. During the heated discussion I simply said that I thought it was time he and I parted ways. The next day I retained another attorney, which turned out to be just another mill attorney. So I am no better off.

I expected attorney #2 to notify the court immediately that he had been retained but he didn't notify any one for 6 weeks. In the mean time, no one showed up for my confirmation hearing. Lucky for me, I had called the trustee's office and informed them that I had changed attorney's. So I wasn't dismissed immediately, but could have easily have been.

A "Motion to Substitute Counsel" was filed and NDC eventually showed that my fees for attorney #1 was equal to the first payment that had been disbursed to him. I am paying attorney #2 the full standard fee. I did not have to give him a retainer and he will be paid 100% through the plan.

So in the end, I will have paid a total of $4376.00 in attorney fees when the standard here is $3000.00.

My advice to you is if you are going to change attorney's, research attorney #2 very carefully. Make sure it is some one you can work with, don't fall for their hype. Find out exactly when he will notify the court because you don't want to end up without representation along the way. I did and it has cost me.

Just curious, why do you think your first attorney can't handle you case? Even though my attorney #1 was a pompous, chauvinistic jerk with no clue about good communication skills, he might have been a better attorney than what I got in attorney #2, who doesn't even understand a basic amortization schedule and is allowing me to pay twice for a portion of a secured loan.

[workinghard]

"Just curious, why do you think your first attorney can't handle you case?"

Not arrogant but I guess the quick answer is simply because we're not getting the results that were promised. I realize the laws have changed, but seeing some posts here on some similar issues, what can and can't be done, it seems like we are not getting a fair shake, like they do not want to go to bat for us and will accept whatever the creditors want...and now that we are having some difficulties they have not responded to our inquiries.

I know I will have to pay more legal fees, I just want a feasible plan (and I use the term "feasible" loosley because I know alot of people are getting rooked with the new laws). At best I want a second opinion. The other lawyer is someone I have dealt with b4 and I know he knows his stuff,,,it is a big firm but I went with a smaller one thinking Id get better results but it's been a mess.

[Granny]

You sound just like I did when I was deciding to change. I had no confidence that he was working on our best interest. I know the second attorney wasn't/isn't working in my best interest but I won't get back on my soap box.

It can be done, but make sure the second attorney will take your case if you fire the first one.

Good luck!!!

[workinghard]

What's worse than declaring bankruptcy? Hiring the wrong attorney for the job.

Well, here's an update, we tired contacting another attorney --they don't want to touch the case saying if it gets dismissed then give them a call, and told us that due to the new law we can't fire our attorney. What? HUH?! I never heard of that one -- has anyone? If you hire em' why can't you fire em.... sounds like more bum advice.

[lrprn]

...we tired contacting another attorney --they don't want to touch the case saying if it gets dismissed then give them a call, and told us that due to the new law we can't fire our attorney. What? HUH?! I never heard of that one -- has anyone? If you hire em' why can't you fire em.... sounds like more bum advice.

There is nothing in the new bk law that prevents firing a lawyer. Run away as fast as you can from this "attorney" - he/she is clueless. Keep interviewing bk-specialty lawyers in your area - there should be one gem you can find hiding in the worthless rocks you've found so far Good luck - keep us posted on what you find out.