Help! My attorney is a moron...

[IBroke]

Hi,

I just found out that my attorney is not as good as I hoped...

I would be looking for a qualified Chapter 13 attorney in the Tampa Bay area. I believe there are many members from that area - so could you please PM me with the name of your attorney IF he did a good job? The one we picked is unable to check (or even locate) a fax we sent 5 days ago.

Thanks in advance!

[StartingOver08]

Why don't you PM FloridaGuy too for a reference? I think he had a good attorney, despite some of the things he went through. I don't think the things he went through had to do with his attorney, but his situation.

[IBroke]

Why don't you PM FloridaGuy too for a reference? I think he had a good attorney, despite some of the things he went through. I don't think the things he went through had to do with his attorney, but his situation.

Thanks, I'll do that right away.

I already had a bad feeling in our initial consulation. Basically, I only had one specific question (thanks to this forum) and his answer was: "Honestly, I don't know." BIG RED FLAG!

[lrprn]

Have you paid a retainer to this lawyer? If yoiu have, then it's very likely that you'll have to fire him and ask for your retainer fee back before another lawyer will agree to see you.

[AngelinaCatHub]

Have you paid a retainer to this lawyer? If yoiu have, then it's very likely that you'll have to fire him and ask for your retainer fee back before another lawyer will agree to see you.

Just an opinion Lprn. He can line one up for a free interview, and if he likes the answer take care of the other problem. Also he could attempt to explain to his current lawyer that, that lawyer is not educating him or getting his information (assuming he has an assistant), and that he is not happy. This could get the current lawyer on his case better. 'Hub

[Flamingo]

Hi,

I just found out that my attorney is not as good as I hoped...

I would be looking for a qualified Chapter 13 attorney in the Tampa Bay area. I believe there are many members from that area - so could you please PM me with the name of your attorney IF he did a good job? The one we picked is unable to check (or even locate) a fax we sent 5 days ago.

Thanks in advance!

I certainly hope you are not basing your attorney being bad on a missing fax! We have folks all the time send faxes and some make it, some don't. Did you resend the fax if he was unable to locate it? Also, there are many attorneys who cannot answer a question right off the bat and have to do some research to give you the correct answer (you mentioned he couldn't give you an answer during your consultation). Have you retained this attorney and has he made major mistakes with your filing, missed deadlines, lost all your paperwork, etc.?

Your state bar association is always the best source for an attorney when one does not know where to start. You can call them for some references but know that even good attorneys lose faxes or just don't receive them when sent due to fax incompatability, transmission errors, etc.

[lrprn]

Just an opinion Lprn. He can line one up for a free interview, and if he likes the answer take care of the other problem. Also he could attempt to explain to his current lawyer that, that lawyer is not educating him or getting his information (assuming he has an assistant), and that he is not happy. This could get the current lawyer on his case better. 'Hub

This could be a difference between Florida and the Midwest, Hub. Here no lawyer will agree to see you - even for a free consultation - if you've already retained another lawyer unless you get rid of the first lawyer by firing him, the first lawyer has abandoned you, or the first lawyer has committed legal malpractice. If you are just looking for a second opinion, the second lawyer considers it stepping on the toes of a fellow colleague. (I have to admit, the 'old boys' lawyer network is still alive and well here )

To the OP, you have nothing to lose if you do try to see another lawyer. Just be prepared if they won't do so since you already retained another lawyer.

Also, as Flamingo has already said, if one lost fax is the sole reason you are anticipating leaving this lawyer, that's a bit of an over-reaction imho.

[StartingOver08]

But do not dismiss your gut feeling! It does not hurt to check 3 or 4 more attorneys before you commit to one to actually file your BK.

[IBroke]

I certainly hope you are not basing your attorney being bad on a missing fax! We have folks all the time send faxes and some make it, some don't. Did you resend the fax if he was unable to locate it?

The assistant clearly stated she received it and put it right on his desk. The attorney says he never received it. I don't feel comfortable if something like that happens in a law office where only two people are working. Oh, and he's giving "legal advice" on the documents - a forbearance agreement from the mortgage company - although he hasn't received it yet (It's a detailed agreement, 5 pages)?! I was under the impression that you have to see the terms of a contract before you can advise your client...

Also, there are many attorneys who cannot answer a question right off the bat and have to do some research to give you the correct answer (you mentioned he couldn't give you an answer during your consultation).

That's true - however, I expect him to actually DO the research to come up with an answer at some point. So far, the question is still unanswered. We also asked him to return several phone calls (didn't happen) and contact the attorney of the mortgage company. He's stating he "tried it once, left a message and is waiting for a return call". That's all he did for an entire week to get in contact with them - IMO, that's insufficient if you're dealing with a court-ruling on your foreclosure on Tuesday.

Have you retained this attorney and has he made major mistakes with your filing, missed deadlines, lost all your paperwork, etc.?

Yes, we retained him but I won't let it come that far. He simply doesn't seem to care and that his attitude will change AFTER we paid him the majority of his fee is simply beyond my imagination.

Your state bar association is always the best source for an attorney when one does not know where to start.[/FONT][/SIZE]

Thanks, I'll check that out.

[IBroke]

Have you paid a retainer to this lawyer? If yoiu have, then it's very likely that you'll have to fire him and ask for your retainer fee back before another lawyer will agree to see you.

Of course he will be fired! So far, we paid $400 (had one free initial consultation and an additional 1hr. consultation).

However, I do not see a reason why I shouldn't be able to consult a different lawyer in the meantime.

[Flamingo]

Now that you posted more information about the situation I see your point; it was hard to determine your issues from your initial posting. Review the paperwork you signed when you retained him carefully as to not going through with the representation and what could happen as to whatever you put down toward the retainer. I would also call your state bar association and speak with someone there about what you should do and how to proceed since he was not paid the full amount. Best of luck to you.

[IBroke]

Now that you posted more information about the situation I see your point; it was hard to determine your issues from your initial posting. Review the paperwork you signed when you retained him.

If only I could...

I forgot to mention that as of today, he didn't provide us with a copy of that contract. He was "in a hurry" the day we signed the agreement and he promised to send us a copy ASAP. More than a week went by and still NO paperwork. But why should HE care as long as HE has the agreement...

[Flamingo]

If only I could...

I forgot to mention that as of today, he didn't provide us with a copy of that contract. He was "in a hurry" the day we signed the agreement and he promised to send us a copy ASAP. More than a week went by and still NO paperwork. But why should HE care as long as HE has the agreement...

Lesson one in the contract world of today; never ever sign anything and not get a copy right away signed by all parties. Don't leave the room until you get one when you sign anything. The only thing you can do right now is ask him for a copy of that letter/agreement for his retention or, as I mentioned previously, call the State Bar Association and find out what you can do under these circumstances and tell them you do not have a copy of the letter/agreement for his retention. There isn't too much else you can do at this point and you will either lose your $400 or hopefully get it back. Depends on what you agreed upon. If he has done any work for you at all you will probably lose it.