Lawyer Missing In Action & didn't sign anything.

[tonenj]

I received a letter from the court saying that my attorney's signature is missing on different places on my petition, (looking on PACER they didn't sign anything) and that they need my original signature on a few sections of the petition, however I can't get in contact with my lawyer to get their signature. I've been trying for the past few days. Phone goes straight to voicemail, and I can't leave a message because it's full. If the court doesn't get these signatures the case will be dismissed, So I either have to give the documents or set up an appointment to explain why my case shouldn't be dismissed.
Few questions:
1) What if I request a hearing to explain my missing lawyer, will I be given the option to get a new lawyer or go Pro Se?

2) What if my lawyer comes out of the woodwork last minute? For all I know this lawyer of mine is in the hospital or dead.(God forbid).

3) Is it possible to convert or change a case from Lawyer-supervised to Pro Se? (I represent myself)

It's been a crazy year with this lawyer trying to get them to file. From death in the family, to being sick, to being on vacation, to being overwelmed with other cases, to having my petition stolen from their office and me having to print out a copy of the original, which I had no signatures on, so I re-signed but the court must think that it's not my original signatures because I signed in black ink?
Just alot of wierd things.
I'm finally in the system but would hate my case to get dismissed because of errors by my lawyer. Why wouldn't they sign the petition? Doesn't make sense to me.
I looked on PACER and the lawyer filed over a hundred cases in the paste 7 years, but oddly sent in petitions of other people without signing either. But then sending in paperwork later on. I don't get it.

[OhioFiler]

I hope you haven't paid this clown.

Have you gone down to his office and banged on the door? I'd call your state Bar Associatiion immediately and explain your situation to them. I'd also let the court know what is going on. They may have the best advice for you.

[AngelinaCatHub]

On PACER, they sign in type written font, but the originals are in the office. I believe it is a technical thing, but legal. If you cannot locate your lawyer, do you have a Trustee? Under this situation, you can talk to your Trustee in person, pro se. You will have to make a motion to go pro se, and this must be given to all parties, (not the Matrix) and if he does not respond, you then are pro se. If he does, he won’t be happy, but you can address him in front of the Judge.

I did this, however, not knowing (due to my poor lawyer) my case was already over. Cost her a day of work and expenses as all Motions must be acted upon. ‘Hub

[tonenj]

Thanks. All good info. The money's another issue I may have to deal with later on, and I'm trying to find out about Ethics. This Bar Association is a good suggestion. I'm glad I'm finally in the system, and just hope my situation is understood by the court. This is all just added stress to an already stressful situation.
Angelina sorry you had to go through a poor lawyer as well, but glad it worked out in the end.

[lrprn]

After notifying your trustee that your lawyer is MIA and not responding back to you in any way despite multiple contacts, I highly encourage you to report him for ethics violations and misrepresentation. Sounds like he's done what he's doing to you before to other clients. It's this kind of lawyer that gives all lawyers a bad name.

To report your lawyer for ethics violations - http://research.lawyers.com/Reportin...iolations.html and scroll down to click your state's link.

To report your lawyer for misrepresentation - http://www.nblsc.us/lawyer_disciplinary_agency/ and scroll down to find who to contact to report him in your state.

[AngelinaCatHub]

Lprn: I have not met many lawyers who have good names. I see these sleazy ambulance chasers on TV all the time. Makes me sick. I have a personal lawyer/friend, who just would not take a case of mine as he said, "I don't like to lose" and was up front with me when he could have bled me. There are some out there, but many are paper fillers, and not counselors. 'Hub

[lrprn]

Lprn: I have not met many lawyers who have good names. I see these sleazy ambulance chasers on TV all the time. Makes me sick. I have a personal lawyer/friend, who just would not take a case of mine as he said, "I don't like to lose" and was up front with me when he could have bled me. There are some out there, but many are paper fillers, and not counselors. 'Hub

Maybe it's being in the boring old white-bread Midwest, Hub, but I have to say the good lawyers here outnumber the bad. Guess we didn't have enough ready cash and ridiculously overvalued properties to draw the shysters here in very high numbers

[dingdong]

Your lawyer can sign electronically similar to below:

/your lawyer


or
/joe blow ( debtor)

But there are a couple places where a signature has to be signed directly by the debtor.

If he filed electronically through PACER, some of those missing signatures may be electronically signed sigs.

Not excusing his behavior, but it may answer why not all sigs are handwritten.

[Flamingo]

Lprn: I have not met many lawyers who have good names. I see these sleazy ambulance chasers on TV all the time. Makes me sick. I have a personal lawyer/friend, who just would not take a case of mine as he said, "I don't like to lose" and was up front with me when he could have bled me. There are some out there, but many are paper fillers, and not counselors. 'Hub

Hub, I never disagree with you on anything as your views and help are priceless, but how many attorneys have you met in your lifetime? Unless you work for or with them, or have many legal issues, the average person maybe visits 2 or 3 in their lifetime (house settlements, wills, etc.). TV is Hollywood - most of what you see is made up to attract viewers. Anything "real life" is exaggerated to make it more appealing and exciting to attract viewers. Any professional depicted on TV is always a snake because people just don't want to see a smiling doctor sitting at his desk that is not having an affair with the nurse in the hospital hall closet. Who would have watched Boston Legal if it was a typical legal office setting? I certainly wouldn't - LOL! I have worked for and with several attorneys who went out of their way to ensure their clients were taken care of and did things over and beyond what was required. There are very few attorneys that I know that I would consider "bad" and I know quite a few. Yes there are bad attorneys but there are bad CPAs, doctors, nurses, office workers, salespeople, you name it. If you encounter a "bad" person in any profession, you have many avenues to complain and protect yourself (searching first for info on the internet is a good place to start before anything) and can file complaints with many organizations just like reporting a bad business to the BBB.

Your personal lawyer friend was smart and told you like it was and didn't lie to you. That's what friends are for.

Don't let the bad pickle in the barrel make you think that the rest of the pickles are bad also...

[Flamingo]

To the OP. Sounds like your petition was electronically filed and dingdong explains a bit above and also filed quickly to get it in. Did you have to file quickly? Since your lawyer is "missing" and you've done all you can to contact him (did you physically go to the office?), all you have to do is call the Clerk of the Bk Court and advise him of the situation and I would also send a letter to the Trustee copying the lawyer. Sounds like he is on vacation and it sounds like a small firm or a one person office. Usually lawyers advise theiri active cases when they will be out or give instructions to their staff as to active cases as to what needs to be handled or handled by another attorney. You can always complain to the State Bar association in your state about this lawyer and if this lawyer is bad, your trustee will know. They are usually all on a first name basis (trustees and BK lawyers).

[OhioFiler]

The reputation the legal community has is well earned. Of course there are good and bad attorneys as there are good and bad any profession. However, tort lawyers are typically paid on a percentage of the award they get so they work very hard to maxamize the award whether it's fair or not (ie. John Edwards).

Then there are the class action tort attorneys. These are primarily blood thirsty sharks looking to make millions off of companies for themselves. RARELY do the victims of a class action receive anything. Remember the $25 you got from the phone company on last year's tax return? Those attorneys made millions upon millions and the "victims" got $25. Some class action awards end up being discount coupons for the "victims" again while the attorneys make millions.

lrprn, I live in this boring midwest as well but I can assure you there are as many scumbag attorneys here as one either coast. The percentage may be small but they exist and give the entire industry a black eye.

As a salesperson I live every day with the knowledge that many people are afraid of salepeople because of the reputation car dealers and other unscrupulous sellers earned. I work hard while dealing with customers to assure them I'm honest and reasonable.