Can I fire my bankruptcy attorney?

[cap350z]

Okay folks,

My bankruptcy attorney is terrible. It has become quite clear that his office has become overwhealmed with bankruptcy filings.

My attorney doesn't return phone calls, the secretaries are rude and don't have any answers to my questions.

Would it be possible to fire this attorney and hire a new one?

Here is the situation, my case has already been filed with the bankruptcy court. And my hearing is scheduled later this month.

Is it too late to switch attorneys?

[justbroke]

It's not too late to switch, but you'd incur more fees. What specifically don't you like? The secretaries can't provide answers to legal questions, and even the para-legals need to be careful what they say. It is true, many attorneys get swamped with work.

Why are you desperate to reach the attorney? Most things in bankruptcy, and especially a Chapter 13, move slow (there's nothing that's really "urgent"). Are you post-confirmation or are you just getting filed? Which hearing is scheduled later? Is this the confirmation or the 341 Meeting? What are your specific concerns?

Always setup an appointment to speak with your attorney. E-mails are great for some attorneys but the busier ones never seem to return them. Call the secretary and get put on his calendar.

[HHM]

I'd hold off on firing your attorney. You are pretty much 70% of the way done. Also, no new attorney is going to jump into a middle of an already filed case, any attorney will probably have you dismiss it and start from scratch with all new upfront fees.

I understand lack of communication can be frustrating, but at the same time, the role of the attorney is to "represent" you in BK, not "educate" you about bankruptcy. I am not apologizing for this attorney, it is unprofessional to at least not acknowledge your communication in some way, but at the same time, if your case was just filed, there is NOTHING that needs to be done at that point.

[Flamingo]

Working in legal offices most of my career, I can tell you that most of the time, the questions asked by clients are not important and do not need immediate attention but the client feels that they need an answer "right away." If a situation is urgent, calls are usually returned quickly; in your situation, your attorney probably has a paralegal to assist him/her in answering questions about your case. If the paralegal cannot answer, he/she will get the informatoin from the attorney. Call your attorney's office and get that paralegal's name and contact him/her directly for answers to your questions.

I agree with HHM - your matter is filed so most of your situation is done. How important are the questions you are asking? Do they need immediate attention (i.e., urgent) or are they general questions that can be answered at a later time?

Most attorneys have numerous clients; it can be difficult to pay a retainer and fee and not get undivided attention, but most professional offices are like that (doctors, etc.). Matters are handled on a priority basis.

[klsy57]

NO SHOW at 341 meeting

My attorney has been terrible from the beginning but this week he did not even show up for my meeting with creditors. I met with the trustee alone and was advised to file a grievance. Do I need to deal with him anymore or just wait for BK discharge (chapt 7)
I am not reaffirming my mortgage and plan to move out.

[justbroke]

If the Trustee stated that your meeting was "concluded" then you have nothing left to do but wait. You may want to file a complaint with the State bar association. I would definitely call the attorney and explain, in no simple terms, that s/he failed to meet the terms of the services agreement when they failed to show up for the scheduled 341 Meeting of Creditors.

[clevelandmom]

WOW! Not showing at the 341 is just plain WRONG! I would not only file a complaint with the State Bar, I would send a very strongly-worded letter to the attorney highlighting the part where he failed to even SHOW UP at the 341, and demand a portion of his fees be returned to you. I would cc the letter to the managing partner (if he's at a firm), and the attorney general. That is absolutely, completely unacceptable. It does sound like the Trustee was showing you some empathy. That's good. Best of luck.

[flower04]

I have a related question. We wouldn't "FIRE" our attorney, but use another attorney at the same time. What are your thoughts on this?
We have let our home go into foreclosure, but we have our realtor renting it out right now since we needed to move. He has a buyer who wants to buy it and he would continue renting it.. It's $35K underwater. He has gone through a chapter 7 himself. Our attorney would not "release the property from the 13" because she said, mainly, it would incurr over $2k in legal fees for us because she would have to go to BK judge to release it. She went a step further to say that her office is swamped and this is not high priority for them or for teh bk judge. Our renter/realtor has another attorney that will do the same thing for 1/2 the price and then we would Short sale home instead of Foreclose and the buyer would absorb the cost.
We have been weary of doing this and honestly I just want it to go away, but if we can save our chances of getting into a home down the road, I would do it.

Thoughts??

[enginegirl]

I despise my atty too.... lazy and incompetent... and her staff plain rude and arrogant... I had to fight the entire way to get a fair and manageable plan... and thanks to all of the wonderful advise on this site I was able to get a manageable plan by educating my atty on new laws...
Just breathe you are almost there!
Tons and tons of luck!