Lawyer said he's CLOSING out our account???

[amd25]

We have completely paid off our lawyer except the remaining amount of 300 that he tagged on at the last minute because we had to move and he needed to change paperwork. It's been 2 months and we haven't been able to pay him off. He sent a collection agency after us this morning to get the rest of the money or he would close out our account. How can they legally do that? I dont' have anything that says he can do that to us.
Thanks for any help.

[southernbelle]

You said he had to change your paperwork, did your atty file your BK for you yet and do you have an agreement that states that he can "close your account"? I think you should first make sure he can drop you as clients (check your agreement with him) if he has filed your paperwork already and can you try to work out some sort of payment schedule with him to pay the remaining balance you owe? He might not go for it and probably wants it all at once, but if you let him know your financial position and why the $300 is a posing a problem, he might work with you.

Also, if he hasn't filed for you yet, can you get your money back to hire someone else? Unless your case is pretty basic I another solution is to find out if you can finish the case pro-se.

[Bandit]

It is their job to have to fill out the paper work. If you move, change jobs, or whatever,...is there is a clause that says he will sue you if you move & have to change the address?
What all exactly did he have to change on the paperwork?

but honestly, to send a collection agency for 300? he must be desperate.

I wonder though, how long has it been since you first started & hired him? For example you can retain a lawyer in May & tell them you do not want to file until November & they should do that.
otherwise, it sounds like you got a real bad dirt bag lawyer, who thinks he can sue his clients for 300.00.

Did you already sign the BK pettition?

[HHM]

Lawyers can fire a client ANYTIME they want. Lawyers are not indentured servants, they do not need cause.

This lawyer can do what he is doing, and if you file a fee dispute, you would probably lose, after all, you changed your circumstances requiring more work from the attorney than anticipated.

[amd25]

We worked it out, but no, there was no clause saying that he could do that. We were supposed to file before we moved, but since he was licensed in both states, he told us to make the payments to him over a 3 months' time or in full just before filing and said he was licensed in NV so it wouldn't be an issue. We can't file until the middle of June....but again, after many, many emails today, I do understand - HHM - that he can drop us anytime, at the time it really sounded ridiculous and after him telling us that we could file here and make the payments to him before filing in June, it still sounds ridiculous to me, but what can you do? Thanks!

[amd25]

Also, HHM, did you read that the extra $300 was a fee tacked on for the extra work for moving...it wasn't for free, we were/are paying him to change the address (we're filing Federal Exempt) so the address and minor pay stub info is all he's changing. And actually, his assistant is doing all the work, rarely does he even answer back emails to me.....I am curious though how a lawyer can drop a client w/ out cause if they've paid? Seems a little unethical that the client could lose trying to get their fees back in a situation where a lawyer agreed upon the circumstance....What happens to the money that they've already paid?

[HHM]

Also, HHM, did you read that the extra $300 was a fee tacked on for the extra work for moving...it wasn't for free, we were/are paying him to change the address (we're filing Federal Exempt) so the address and minor pay stub info is all he's changing. And actually, his assistant is doing all the work, rarely does he even answer back emails to me.....I am curious though how a lawyer can drop a client w/ out cause if they've paid? Seems a little unethical that they may lose trying to get their fees back....What happens to the money that they've already paid?

Well, they have done the work they agreed to, correct? Keep in mind, the bulk (nearly all) of the fee is for work that is performed BEFORE the BK is filed. So, if this attorney has reviewed all the paperwork, prepared the petition, and it was ready to go...guess what...there went most of your fee. Also, keep in mind, the retainer agreement does not need to spell out every contingency. Also, the rules of professional responsibility and civil procedure supplement the retainer. Odds are, if you filed a fee dispute you would probably win because the attorney would simply accept the loss instead of fighting it, because fighting the case would be more time consuming.

I am just playing devil's advocate here and alerting you to the issues you will face if you actually try to file a complaint of some kind.

[Bandit]

Lawyers can fire a client ANYTIME they want. Lawyers are not indentured servants, they do not need cause.

This lawyer can do what he is doing, and if you file a fee dispute, you would probably lose, after all, you changed your circumstances requiring more work from the attorney than anticipated.

because someone moves that requires more work? like what? changing the address?

anyone can dump their clients, but based on the info given, that is not a very good lawyer. if every lawyer went around dumping their employers & sending out collections like that, because they change an address, word will get around & no one would hire that attorney.

[Bandit]

I am just playing devil's advocate here and alerting you to the issues you will face if you actually try to file a complaint of some kind.

oh good. I thought you were for real at first

you always do a great job at facing all possibilities & relating that.

[HHM]

Yeah, I don't agree with the fee or justification just because of the move, but I have a sense we are getting a one sided take on the situation

[amd25]

I understand what you're saying HHM however, I never had any intent of filing a complaint of any type....I just want to get this overwith. He did already have all of our old paperwork filed we signed it and sent it in and then asked him to put it on hold for a week or so because my husband had just gotten laid off. Keep in mind that we had already paid in full. Then we had the option to move in with family here in NV and because he had an office here said go for it that he would place everything on hold. We were completely prepared to file in our old state. But his office is closer here and he thought that this would be better and to wait the 91 days here because better employment opportunties than the small town we were in prior. So we agreed to the above fee and that was that. The only stipulation was basically being paid off by the time we file (June)....so yes, at this point not much has changed except our address and come to think of it, some of our expenses. I do have to say that it's petty. But, I'm not trying to start an argumentative thread here, I'm trying to make a point I guess that we didn't do anything wrong that our lawyer did not agree to. This was very much a surprise to us and after talking with him all morning via email, he apologized for jumping into that and although we borrowed the money to pay him the rest today, of course after we paid the remainder in full, said he would have just took $75.00 for now....that is not what was told to us this morning. I just want to get this overwith!

[Bandit]

that could be we dont have all the facts on the other side yet, because this one sure is lopsided, or maybe the attorney sees thay are having a real hard time & trying to take advantage of them when they are most vulnerable.

but sending a collection call when they cant really even file until mid June? (in another thread)

Where is my magnifying glass

I am still wondering how long this one has actually been hired.

[amd25]

One sided????? What haven't I explained?

[Bandit]

One sided????? What haven't I explained?

how long ago did you hire this guy?


just breath, take deep breaths...i dont see it all that bad. We enjoy figuring these things out

but for real how long have you had this guy hired for?

& you mentioned you started filing in a different state? if that is true, then I can see a much bigger picture because every state/courtroom has different rules & interpretations & I can see him charging a little more because now you are using fed exemptions (?) & what not. yes?

were you with the same attorney in the old state & you just kind of crossed the state line kind of thing? is your attorney still in the old state?

[amd25]

Yes, he's licensed in 6 states and we just happened to move to another state he was licensed in....we hired him 4 months ago. We made payments to him until we had the 1,800 completely paid off. I had absolutely NO problems paying him the extra $300 - that wasn't the issue...the issue was him suddenly demanding it this morning BY TOMORROW especially after agreeing that we could pay the remainder by June. This morning it was a complete shock....but he's paid now and we still have to wait just over two weeks to file! It's pretty silly actually. I don't see 4 months being that unreasonable to have him hired while making payments. Actually, it's probably closer to 5 months if you want to get technical. Oh, and we were always federal exempt. That never changed.