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    What if attorney dies?

    Just curious. Mine has not died, but he is a little up there in age and I went with a small 2 lawyer firm to do my bk. Actually they both are up there (70+) What if he (or both have) died at the end of my bk? Then what do I do?
    CH13 - filed 30 JUL 09, $1521 @ 60 mos (100% payback)
    Done!!! - 01 Jul 2014 I'm free!! Discharged 9/23/14!

    #2
    Originally posted by zeezee View Post
    Just curious. Mine has not died, but he is a little up there in age and I went with a small 2 lawyer firm to do my bk. Actually they both are up there (70+) What if he (or both have) died at the end of my bk? Then what do I do?
    Not to worry. Old lawyers never die. They just lose their judgment.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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      #3
      Originally posted by zeezee View Post
      Just curious. Mine has not died, but he is a little up there in age and I went with a small 2 lawyer firm to do my bk. Actually they both are up there (70+) What if he (or both have) died at the end of my bk? Then what do I do?
      Seriously, it could be big trouble depending on what kind of deadlines might be pending. Some deadlines cannot be extended. But as would more often be the case, you could just ask the court through a motion for a 30 day extension of all deadlines and hearing dates while you sought new counsel -- or you could follow the example of many here and finish it pro se.
      Last edited by MSbklawyer; 02-13-2010, 06:20 AM.
      Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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        #4
        It is not that difficult and usually nothing to worry about. If an attorney dies, he/the firm usually has in place arrangements for his case load (i.e., will go to another attorney in his firm or someone else designated). That attorney or designee will contact his clients and allow them to keep the attorney's referral to handle the matter or obtain other counsel. Under such circumstances, courts will extend deadlines/reschedule court dates as necessary. Upon an attorney's death, you will/should be notified quickly by his/her firm or whoever represents his estate.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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          #5
          Thank you for the responses. Not urgent as I still have many to go! lol But it was just something that crossed my mind...because I'm one of those people with that kind of luck! You know, the kind where they say "this rarely occurs, maybe .00001%", I will be in that .00001%!
          CH13 - filed 30 JUL 09, $1521 @ 60 mos (100% payback)
          Done!!! - 01 Jul 2014 I'm free!! Discharged 9/23/14!

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            #6
            It is also part of the ABA (and most state Bar Associatons) Professional Responsibilities/Canons of Ethics that an attorney have a plan in place for who would take over their case load in the event they should pass away.

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