Got a new job need to adjust plan and lawyer won't respond

[enginegirl]

So I got an amazing new job I am thrilled! I will be making 30% more !!
Here is my issue...... I am NOT in a 100% payback right now.... my plan clearly states that I must give the trustee all increases in pay, bonuses etc, etc, and I am OK with that... It is my debt and I should pay it back... however my lawyer will not respond to any emails or return any phone calls as to what to do next (I have been trying to contact her for 3 WEEKS!!!) ... she, of course has been paid in full and has been almost useless since I filed.
My wages at my old job were being garnished and payment sent directly to trustee, this of course has stopped. I am intending on sending in a cashiers check to trustee for the amount due monthly until a new garnishment is in place at my new place of work. (they are fully aware of my 13 and had no issue with it).
I just am not to sure what to do... just sit back and wait until the trustee notices and save the extra money until she does... can I fire this atty and lodge a complaint with the bar association any ideas anyone??

[IamOld]

First, best of good luck on your new job!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!

I would try to get to the atty - and not deal with the Trustee unless you've no other choice - as others I'm sure would say, you may have new expenses, etc., you really really need to have an atty advise you on this....

[WhatHappened]

I would walk straight into the attorney's office and try to make an appointment. If the attorney flakes out on you, get on Avvo.com and give the attorney the appropriated adverse rating. Attorneys do care about their reputation and Avvo.com is a pretty popular site for finding attorneys.

You could also contact the trustee yourself.

[enginegirl]

I have been trying to get in touch with her for 3 weeks.... i am in the process of interviewing new attys.. it just sucks that I actually paid this woman $4000.00 for nothing.... I will be reporting her to the bar association.... I just need to know what I should do in the mean time.

[IamOld]

I have been trying to get in touch with her for 3 weeks.... i am in the process of interviewing new attys.. it just sucks that I actually paid this woman $4000.00 for nothing.... I will be reporting her to the bar association.... I just need to know what I should do in the mean time.

That's just awful...the thing is, you do need advice and if she's not there for you, you have to have someone who is!!!

[enginegirl]

First, best of good luck on your new job!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!

thank you I am super excited! finally will be back to where I was 4 years ago..... now if I can just get the lawyer squared away and pay the Chap 13 off I'll be good to go!

[LadyInTheRed]

I suggest you try calling your attorney again. If she is not available, talk to whoever in the office you can and tell them that the attorney represents you in your Chap 13 and you have been trying to contact her for 3 weeks regarding your new job and she has not returned your calls or emails. Say that you would like to schedule a meeting or telephone conference with the attorney. If the person you speak to can't schedule a meeting without approval by the attorney, ask them to check with the attorney and get back to you. Let them know a few dates and times when you can meet. Ask when you should expect a call back. Let them know that if you don't get an appointment or some other response from the attorney within 48 hours that you will file a complaint with the Bar Association.

If that doesn't produce result and the attorney is part of a firm, try contacting one of the partners. If she is a partner, contact another partner. If the firm has a risk management partner, that person may be interested to hear about an attorney not responding to clients.

In the meantime, continue interviewing possible replacement attorneys and mail your payment to the trustee, but do not contact the trustee directly. I know you don't intend to hide anything, but it is better not to risk saying the wrong thing.

[enginegirl]

Hi there Lady in Red! I have done all the above already.... and still nothing.... I made a final call today and left a message with the paralegal that if I didn't hear back in 48 hours a complaint would be filed .... She is one attorney firm, and all of the problems I had early on should have been the clue. I have interviewed a couple of new attys that really wont assist until I have fired her but one did give the following advise "call the trustee and act stupid... the fact that I am wanting to pay more money will get the trustee to light a fire under her A$$" and unfortunately me after all of the problems I have had with my case the trustee knows exactly who I am...

[enginegirl]

still no word from the blasted lawyer....

I did speak with the trustee's office on friday... they said to send in payments via cashiers check for the time being... as far as plan being amended... it can not be amended until I know what the new pay less insurance, taxes etc etc etc. will be so I still have another month or so. In the mean time they asked me to send in writing to them the issues that I am having with my atty. (the new lawyer that I will be hiring said that the trustee may actually demand that a portion of the fees be paid back to trustee so that new lawyer can be paid!). Has anyone here ever had to report a lawyer to the bar association? and does anyone know the steps...
a 13 is hard enough without having a POS Lawyer!

[LadyInTheRed]

Has anyone here ever had to report a lawyer to the bar association? and does anyone know the steps...
a 13 is hard enough without having a POS Lawyer!

Start here: http://www.floridabar.org/tfb/TFBCon...256C0D00703FF4

[Flamingo]

Call the Trustee's office or the clerk of the BK Court and advise them you cannot contact your attorney and have been trying for 3 weeks and it pertains to your bankruptcy filing and you don't know what else to do as you want to comply with your Plan instructions but are represented by counsel and have to go through your attorney. More than likely the Trustee will get in contact with that office and get the wheels moving. Sounds like there might be issues going on in that office or she is horrendously busy. Have you dropped by in person? I would and hand them all the information/pay stubs, etc. as to your new job.

[lrprn]

still no word from the blasted lawyer.... Has anyone here ever had to report a lawyer to the bar association? and does anyone know the steps...

To report abandonment and other issues with your lawyer that are impeding the successful completion of your Ch 13, here's the link to the Directory of Lawyer Disciplinary Agencies 2010 - http://www.americanbar.org/content/d...thcheckdam.pdf . To report a lawyer for abandonment and other representation issues in Florida, contact the Florida Bar here:

The Florida Bar
Director of Lawyer Regulation
651 East Jefferson Street
Tallahassee, FL 32399-2300
(800) 342-8060
(850) 561-5600 (in-state)
Fax: (850) 561-5665
Website: www.floridabar.org

To report ethics violations, follow the steps outlined here - http://legal-malpractice.lawyers.com...iolations.html

Good luck, enginegirl. I'm glad you want to report your POS lawyer to your state's bar association, and I hope your 13 lawyer issues are resolved very soon!

[tobee43]

sorry enginegirl...i MISSED this thread...first congrats on your new job!!!!!!!!!! i'm so happy for you!!!

also irprn that's such wondrous info for the florida people!!!!!! hope you don't mind but i'm going to add this thread to the florida group so that info is available for all Floridians to see. thanks again!!!