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    #1

    Need to change attorney, but problem!?

    Hi all. My current lawyer is no longer being helpful and wants to charge me a fee for everything going forward because there is a US Trustee involved and because I hav ea second 341 hearing. Needless to say I am fine doing this on my own at this point and will be Pro Se from now on. At the same time, I realiztically acknowledge that this *may* be headed to a Ch 13 conversion and I simpy ldo not want to pay this attorney MORE money as he is getting $$$ hungry. So, I will eiether go it alone (Pro Se) or more likely hire a different attorney whom I have spoken with who is much cheaper and knowledgeable. (He's also an acquantance and is very helpful.)

    I called and also sent an email to my present attorney to file a motion of attorney withdrawal so that I can speak with the Trustee and mortgage banks directly (otherwise, they always say :Hey, you have an attorney. We are not allowed to talking to you. We will speak with your attorney.") The problem is that my attorney has become a fat lazy cow. SOOOOO.... what do I do? I asked him to withdraw, but he still has not filed anything (I checked PACER--I assume this will show up on PACER?).

    Help!??! Can my new attorney jusy file paperwork overriding this and if we get asked, state that the old attorney was not helpful. Thoughts?
    Tags: None
    #2
    do you owe the fat lazy cow money if so he may not withdraw for you until you pay him
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment

      #3
      OK, I did the same and the timing was off since I was done, however here is what you must do: You may on your own, make a motion to go pro se, and be nice in the reasons.

      Then you will wait unfortunatly, but then a hearing and then (in my opinion, be nice) and ask the Court to release your attorney. Then an order would be issued. Yes I know, it's a pain in the @$$, but it is the way to go. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

        #4
        Originally posted by TEW View Post
        do you owe the fat lazy cow money if so he may not withdraw for you until you pay him
        Nope. He is fully paid up.

        He had the nerve to say this exact line to me "I think you should 'run with the ball' now. If you want me to come to your second 341 hearing it will cost you $300 for an appearance attorney [meaning, it probably wouldnt even be him.]"

        Comment

          #5
          Originally posted by AngelinaCatHub View Post
          OK, I did the same and the timing was off since I was done, however here is what you must do: You may on your own, make a motion to go pro se, and be nice in the reasons.

          Then you will wait unfortunatly, but then a hearing and then (in my opinion, be nice) and ask the Court to release your attorney. Then an order would be issued. Yes I know, it's a pain in the @$$, but it is the way to go. 'Hub
          I'm a little clueless on how to file a motion. I have no idea where to start. I have the NOLO Ch 7 book, but no help. I cant imagine that I simple show up at the court at and hand them a piece of paper with my case number that says....? Is there a form for this?

          My other choice, I spoke to my friend the attorney and he said he might be able to do something, but the first attorney really needs to release self. What a pain.

          Any more helpful thoughts?

          Comment

            #6
            Do you have any of this in writing? You hired this person to be with you from start to finish. Do you still have your contract? If so, it should spell out what the attorney's duties are. I do have a feeling that yours was the standard, "I'll file the papers and be with you until the 341", and anything else above and beyond standard.....

            But as 'Hub said, we made a motion to discharge our attorney and go pro se.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment

              #7
              Originally posted by AngelinaCat View Post
              Do you have any of this in writing? You hired this person to be with you from start to finish. Do you still have your contract? If so, it should spell out what the attorney's duties are. I do have a feeling that yours was the standard, "I'll file the papers and be with you until the 341", and anything else above and beyond standard.....

              But as 'Hub said, we made a motion to discharge our attorney and go pro se.
              It says he would not handle "in adversary"/ Meaning, if someone syes me or one of the creditors, etc. But a follo-on 341 hearing should be part of the deal. Whatever. I want him out. Need to know the fastest way to do it. My second 341 is end of Oct and he has no intentiuon in attending.

              Comment

                #8
                Originally posted by happy_ira View Post
                Nope. He is fully paid up.

                He had the nerve to say this exact line to me "I think you should 'run with the ball' now. If you want me to come to your second 341 hearing it will cost you $300 for an appearance attorney [meaning, it probably wouldnt even be him.]"
                Ira: The Mrs. Cat, is accurate. Unless your contract states otherwise, he should stay with you to the end. An alternative is download from your states Bar association a complaint and make it out, show a copy to him and explain that you insist on him to cary you through. Now about the way to file a motion, on this forum and to be anonymous I cannot tell you. Google a bit or let's put it this way, I/we Mrs. and I, are here to aid you. PM me and I may give you an edited copy of my Motion. Do your part first and ask your freind who is a lawyer. Otherwise, remind me (my mind is going) and I shall aid you to the best that I can. 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                Comment

                  #9
                  Originally posted by happy_ira View Post
                  It says he would not handle "in adversary"/ Meaning, if someone syes me or one of the creditors, etc. But a follo-on 341 hearing should be part of the deal. Whatever. I want him out. Need to know the fastest way to do it. My second 341 is end of Oct and he has no intentiuon in attending.
                  Hi Ira: I know, we have one of those, but my opinion is that the original attorney should shepherd you through the second 341, even if with a stand in. We had one. However, we were so F$%^&*() disgusted with the non-performance of our attorney that we wanted out too.

                  If you would like to share an email address with us through a PM, 'Hub and I can send you a copy of our motion.

                  You might also want to search out our threads "Attorney Out--Pro Se In" (and #2) there are actually two threads. Those also may be helpful.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment

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