I've detailed my frustrations with my attorney in other posts. It's been suggested by more than one person that we report her to the State Bar Association for her unprofessionalism if nothing else.
Well, we've met with a second attorney who has reviewed our case. We feel comfortable with him, and he has suggested we either convert our case to a ch7 or dismiss it and refile as a 7. Converting it is more likely to attract the UST attention he said, they could very well reject a new means test and schedules, so we have decided to dismiss and refile.
I called the crummy attorney yesterday, but got her paralegal's voicemail. Left a message. Called DH and suggested he stop by the attorney's office, since she's right across the street, to leave a written message if need be. DH calls the crummy attorney first to see if she's in that office or her other office first. She picks up, he tells her we would like to dismiss our case. She actually asks WHY (because our begging and hounding for her to modify for months now isn't obvious I guess) and DH explains that the payment is just too high and we're going to be in trouble soon if we don't re-evaluate our action. She asks if we want to convert it to a 7 (gee...I thought her office said we weren't eligible for a 7, but now that we paid for the 13 they want to know if we want to convert to a 7??). DH tells her that right now we want to dismiss it and then we'll figure out the next step. (which we know is to file with a more attentive attorney). She says she'll get right on it, and then ends the call.
BUT, here's the thing.....
Just as DH was about to hang up he heard her talking, and he was about to say something because he thought maybe she was still talking to him or trying to get him from not hanging up yet. But then he realized she wasn't talking to him...she had her speaker phone on and was talking to the paralegal. So he hits mute on his end and listens.
She says "(paralegal's name) get me the problem case's file"
(Paralegal asks something, DH couldn't quite make it out)
Attorney says "No, the (our last name)'s. I really don't like that guy!"
Then she realized she hadn't hung up and finally did.
It took some restraint on DH's part to not call her back and embarass the hell out of her- he figured he wants her to get the dismissal done first. But I told him that there is no way we are not complaining to the Bar now.
Well, we've met with a second attorney who has reviewed our case. We feel comfortable with him, and he has suggested we either convert our case to a ch7 or dismiss it and refile as a 7. Converting it is more likely to attract the UST attention he said, they could very well reject a new means test and schedules, so we have decided to dismiss and refile.
I called the crummy attorney yesterday, but got her paralegal's voicemail. Left a message. Called DH and suggested he stop by the attorney's office, since she's right across the street, to leave a written message if need be. DH calls the crummy attorney first to see if she's in that office or her other office first. She picks up, he tells her we would like to dismiss our case. She actually asks WHY (because our begging and hounding for her to modify for months now isn't obvious I guess) and DH explains that the payment is just too high and we're going to be in trouble soon if we don't re-evaluate our action. She asks if we want to convert it to a 7 (gee...I thought her office said we weren't eligible for a 7, but now that we paid for the 13 they want to know if we want to convert to a 7??). DH tells her that right now we want to dismiss it and then we'll figure out the next step. (which we know is to file with a more attentive attorney). She says she'll get right on it, and then ends the call.
BUT, here's the thing.....
Just as DH was about to hang up he heard her talking, and he was about to say something because he thought maybe she was still talking to him or trying to get him from not hanging up yet. But then he realized she wasn't talking to him...she had her speaker phone on and was talking to the paralegal. So he hits mute on his end and listens.
She says "(paralegal's name) get me the problem case's file"
(Paralegal asks something, DH couldn't quite make it out)
Attorney says "No, the (our last name)'s. I really don't like that guy!"
Then she realized she hadn't hung up and finally did.
It took some restraint on DH's part to not call her back and embarass the hell out of her- he figured he wants her to get the dismissal done first. But I told him that there is no way we are not complaining to the Bar now.
Filed March 9, 2010; 
Bankruptcy Wizard
Comment