Is it possible for me to get a new lawyer?

[bksucks]

I received a letter back in the summer and was informed that my attorney was no longer practicing in Arizona and that my case was transferred to some other firm/attorney. The new attorney is horrible. He treats me like I'm his enemy. Every conversation that I've had with him he has been condescending and short. The first time, I just assumed he was having a bad day. The following conversations were no different so I determined that he's just a jerk. I've encountered some extenuating circumstances so it has been necessary for me to speak to him. Once the situations are resolved, I cant think of any reason that I'd need to speak with him as long as I continue to follow my plan. But I would really like to have an attorney that at least pretends to have my best interest at heart. So, am I stuck with this person? Does it make sense to hire someone else while I am over 2 years into my plan?

[AngelinaCat]

Hi bksucks, welcome to the forum.

Yes, it is possible to get rid of your current attorney and substitute another--possibly even yourself, if you feel that you can do the research necessary to fill those shoes.

First, you have to fire the current attorney from your case. Simply let this person know that you are not happy with the services since he/she took over the other attorney's cases. You should have a contract with your original attorney. Follow the small print in that contract to see whether this current attorney is actually the one that SHOULD be handling your case.

If all of the above does NOT happen, you can file a Motion with the BK Court, to Discharge the Attorney and substitute another, or go Pro Se--if you feel up to the task.

My 'Hub and I did it with our inept attorney. Because we were almost already to be discharged, we allowed the Judge to disallow our Motion--would have delayed our Ch7 Discharge, but it cost our attorney a day's work, and got her attention.

Meanwhile in your case, go and get some free consults with other attorneys. Some do not like to pick up after other attorney *droppings*, as it were, plus you are in a Ch13, so this may or may not complicate matters.

Some of the Ch13 Gurus will stop by eventually, and offer their opinions.

Good wishes to you.

[bksucks]

Hi Angelinacat, thanks for your response. I think that I am definitely going to see if I can find another attorney that will take my case. I guess it could possibly be hard to find someone willing to do this but it cant hurt to try to find someone. I really dread the thought of sticking with this current guy so I want out anyway I can get it. My fingers are crossed for success on this. Thanks again. I totally appreciate your help.

[Pjmax]

Just a thought, but maybe another attorney in the same firm might work.

[LadyInTheRed]

Just a thought, but maybe another attorney in the same firm might work.

That's what I was thinking. If this isn't a sole practitioner, talk to the managing partner about assigning your case to a different attorney.

[HHM]

Aside from a communication issue, has anything really gone wrong with your case.

Keep in mind, your attorney is hired to REPRESENT you in bankruptcy. You don't pay them enough to be your friend, to be at your beckon call. This sounds like a minor annoyance on a customer service level and probably a mutual misunderstanding as to the appropriate expectations regarding communication.

To answer your questions, yes. You can get another attorney, but at this stage of the game, few attorneys would be willing to jump in and would likely cost you more than sticking it out with your current attorney.