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    changing attorney

    I am a bit worried,
    I worked with an attorney for almost 5 months, he was so slow and never called back and never returned email and I got mad and decided to go with a new attorney. I gave the first one 2,000 the total fee and I am not sure if I can get it back, he has not even filled yet.
    I am worried more if he gets mad and says something to trustee since they all know each other and hurt the case. The new attorney filed chapter 7 in almost one week and very simple.
    Any thoughts of how to get the money back and if the old guy might try to hurt my case if I push him to give me some of my money back.

    Please some one advice.

    #2
    Did you sign a paper or anything with the first attorney?

    Even if you did you might could write a letter requesting the funds be returned noting the lack of progress in the case for 5 months, and the fact that you are firing him for services not rendered.

    Your recourse then would be to file a complaint with your state's bar association.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Originally posted by illinois2009 View Post
      I am a bit worried,
      I worked with an attorney for almost 5 months, he was so slow and never called back and never returned email and I got mad and decided to go with a new attorney. I gave the first one 2,000 the total fee and I am not sure if I can get it back, he has not even filled yet.
      I am worried more if he gets mad and says something to trustee since they all know each other and hurt the case. The new attorney filed chapter 7 in almost one week and very simple.
      Any thoughts of how to get the money back and if the old guy might try to hurt my case if I push him to give me some of my money back.

      Please some one advice.
      Hi Illinois,

      I had a similar situation. The attorney actually started on my case, but didn't file. I learned (on this forum!) that I got some pretty lame advice from him and decided I needed someone more competent. When I asked for my money back, I learned that all they would give me was the filing fee, because I didn't file. I didn't say a word to anyone about not having confidence in this guy. Instead, I just said I wasn't going to file. I didn't want any trouble . . . If the money you paid the first lawyer included the filing fee, FOR SURE you'll at least get that much back.

      Good luck,

      Kathy

      Comment


        #4
        I did send him a letter to cancel but he never call me back, i called his offcie several times and they would not let me speak to him. I am just affraid if he might try to say some negatives to the trustee. Would he be ablke to know who the trustee would be before the meeting?

        Comment


          #5
          Originally posted by illinois2009 View Post
          I did send him a letter to cancel but he never call me back, i called his offcie several times and they would not let me speak to him. I am just affraid if he might try to say some negatives to the trustee. Would he be ablke to know who the trustee would be before the meeting?
          I would think he would be in a world of hurt if he talked about your case with the Trustee - without your consent, would he not be bound by privilege?

          And if as you stated, he has done very little and will not talk with you I would report him to the bar - bet he would talk with you after that. - jb
          jb - A little knowledge is a wonderful thing - sometimes.
          Filed - 2/27/09
          341 - 4/3/09
          Discharged - 6/20/2009

          Comment


            #6
            He never even got that far to filling, on Jan, he said my case looks great for chapter 7 and he sees no problem. He waited so long and by March, he said you made too much money and not you should do 13 and you can pay up to 1200 extra each month. what upsets me the most is the I had a over 700 score when I went to their office and after 5 months not making any payment per they suggestion I really mess up my credit and just starting the process all over again.

            Comment


              #7
              I am sure he has many angry clients and I am not the only one, maybe I just set a site for his office to have other people can share their angers so I can slow down his business from getting client from internet search at least? LOL

              Comment


                #8
                You should report this attorney to your state's (I assume Illinois) bodies that govern law practice.

                Here's how to report your lawyer for an ethics violation - http://research.lawyers.com/Reportin...iolations.html

                And here's where to report your lawyer in your state for misconduct in the practice of law - http://www.nblsc.us/lawyer_disciplinary_agency/
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  $2000 in fee? he is robbing you...I don't know about IL, in MD Attorney cost is $800-$1000 including $200 court fees...I am sure there is cheaper attorney but $2000 is way too high for file BK..

                  Comment


                    #10
                    In IL starts from $1,600 and just over 2,000. The second person that I spoke to him filled in 7 days and only charged 1,520. Sucks I had to pay twice for one job but I feel better with the new attorney. Some how I feel the first one would have messed up the whole file anyway in the end.
                    We should set a site just for the attorney experience feed back to other people who find service online.

                    Comment

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