Do I need new lawyer?

[kathy4530050]

I'm having serious second thoughts about my lawyer and here's why:

I have already paid him in full ($1,300), even though I haven't filed yet (his requirement). I was supposed to file tomorrow, but now I am going to wait.

Based upon what I have learned on this forum, it feels to me like this lawyer does NOT have my back. He seems rushed, he doesn't give careful, thoughtful answers to my questions, and appears to be less than 100% competent. SO FAR, here's where it appears he has given me misinformation.

1. He says I can't include my 2 sons who are in college in my household size (I claim them both) because they are not minors. One lives with me and one goes away to school, yet even the son who isn't with me FT, is with me on some weekends, over breaks, and over the summer. And yet, from what I have learned here, I can't include all of their expenses in my budget, but I should be able to include them in my household size (and seriously raise my median income standard), and also include them in my monthly grocery budget.

2. He wanted to submit the gross, not net, income on my business (!!??), yet my expenses reduce my income by almost half. He seemed surprised when I said I have tons of expenses and didn't seem clear how to address this. It was from this site that I learned I need to keep a detailed, monthly P & L statement.

3. He says that in my monthly budget, I can't use my REAL utility bills, but can only include the $$ amount that is the maximum for each utility. Yet my heat bill last month was $400 and I keep my house cool. I think that what is allowable is closer to $200. LuciluS on this forum was advised by her lawyer to include her actual utility bills and then bring them with her to the 341.

4. He KNEW that I would have an influx of income in February, knew how much it would be, and still advised me to file March 1st. He NEVER TOLD ME that I could lose ALL of this money sitting in my bank account overnight, and yet that is just what has happened to many people on this forum.

So now I am left wondering what this guy DOES know. I've already paid him. Can I get my money back? or at least some of it? Do I just tell him what I've learned and ask him to make some changes?

This bankruptcy is a pretty high-stakes thing. I would rather lose the entire $1,300 (which I had to borrow from a friend) and start over with a new attorney than risk this bankruptcy getting mucked up by what he doesn't know or isn't willing to investigate.

Any thoughts anyone?

[jessegirl]

Kathy - If you are not happy with your attorney and feel that he really doesn't know the BK laws, then by alll means see if you can get your money back.

I paid my attorney 3800.00 and he is basically worthless. Usually, the attorney are very nice until they are paid and then after that, you can forget about the person that you had the meeting with cause they change. My attorney was grat, we were so impress with him, he was knowledgeable, kind and seemed to be on our side. After we paid, HELLO thing changed. We found mistakes on our petition and after that its been hell. I have to constatnly light a fire under them, he doesn't call back, gives us bad advice, etc.

If you are not 100% happy and feel that this if the attorney for you, get rid of him not before you file..

BTW - My attorney included our actual electric, gas, phone, cable etc.

[kathy4530050]

THANK YOU. There is no advice more valuable to me than that which comes from someone who has BEEN THERE. You're right about the Jekyll and Hyde thing. My lawyer was downright charming until I paid him. After that, all charm was gone . . .

[TEW]

I wouldn't fire my lawyer based on things you've read here.
each person here talks about things particular to their case.
and cases are all dramatically different. each state is different. each district with in the state is different. If someone is bring utility bills to a 341 they are most likely wasting their time. I bet the trustee will not even look at them.

[nervousss]

You have to remember that your lawyer knows the trustees in your area better than anyone on this forum would. I got myself worked up by things I read here, only to have my 341 last literally 3 mintues.

I would definately bring the things you've learned here to his attention, but not with the intent to fire him, but just to question him. I don't think it's a bad idea to bring more documentation than necessary to your 341. It's nice to have the extra coverage.

Definately talk to him. If he blows off your concerns totally, then think about perhaps getting someone new. If he says that in your district, these points might not be valid, then you can choose to trust him or not.

It's your decision on when to file, I would wait for your own peace of mind in the least. Don't forget to give your lawyer updated paystubs (if you get them being self employed??) and schedule listings.

[kathy4530050]

Thank you. That's good advice.

[optimistic1]

1. You should be able to at the very least include one of your sons into your household size, the other is questionable. In terms of him being a minor, that is incorrect according to the NOLO Chapter 13 BK book, your household size can increase even if a friend or relative lives with you, not just someone you claim on your taxes.

3. If you are over the state median income, then you must use the IRS standards, but, if you have proof that it exceeds the allowable deduction, then, you should be able to claim the higher amount.



From my experience, there really are attorneys that just are outright horrible. I interviewed atleast 8 of them. One of them handed me papers with all kinds of outdated information on them. The other told me that the state median income level was wrong on my notes, and I KNOW that it wasn't.

They are all going to get some things wrong from what I noticed.

It's your money, if you want to fire him, go for it. Call his office and ask them for your money back and say that you are dissatisfied.

[ItCudHapen2U]

I am sorry you are having concerns with your attorney. I can relate a bit as we interviewed 5 before finding our guy. We had various issues including no return calls, answers that were so general it scared us to death, etc. In fact I am waiting on a return call from one of those fella's. (NOT) Left him a message for the last time on December 16th. Needless to say, he didnt make the grade in our book. I mean, my approach is, we are paying him with money we have to starve for and scrap together only to have them treat us as if our time wasnt as valuable as theirs? Not us. We require the same treatment as any customer at any place of business. If they cant do it, we cant work together. Whether you are happy with your attorney or not, it never hurts to meet with a few more to see if they have the ability and backbone to represent you in the very best way for your particular case. Fortunately, there are some excellent attorneys out there. I wish you well in your efforts.