attorney paid and now wants to quit

[luvbluz2]

I have paid my attorney for the full bankruptcy as per agreed.

Iwhave now received in the mail a motion to withdraw as my attorney from him. Can he do that? i HAVE ASKED FOR $$ RETURN EVEN PARTIAL, he says no that he did such and such hours, yet I don't have $$ for 'another2 atty' as he suggests. We just finished the 1st meeting with trustee in No. Calif w/Trustee and no creditors came forward. After this 1st court hearing he immediately wanted me to sign a release. what do I do???????
Can an attorney, take your money, tell you he'll do the work and just walk away and leave me abandoned????
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PLEASE ADVISE

[AngelinaCatHub]

You are paying for a result. Any anomolie is charged more for. You need to threaten him with a bar complaint. Draft a response to his motion such as, copy the letterhead of the pleading with "OBJECTION TO DEBTORS ATTORNEY MOTION TO WITHDRAW" and then simply by number, list reasons to your objection such as, attorney has been fully paid, he has not completed the agreed upon service, that he refuses to release a refund, and he has not given a proper reason for his "abandonment".

The Judge is likely to sanction him. 'Hub

[keepmine]

There is likely more to this story. Why does he want to withdraw?

[AngelinaCatHub]

There is likely more to this story. Why does he want to withdraw?

I attempted to fire mine and took her to Court on a motion to pro se. The Judge talked me out of it as I was so ill informed I didn't even know it was over except for the fat lady singing. She was really non informative. Of course we don't always get the whole story from an OP, but if he did not finish his job he is derelict. It will come out in Court. 'Hub

[ela805]

I attempted to fire mine and took her to Court on a motion to pro se. The Judge talked me out of it as I was so ill informed I didn't even know it was over except for the fat lady singing. She was really non informative. Of course we don't always get the whole story from an OP, but if he did not finish his job he is derelict. It will come out in Court. 'Hub

When I was reviewing the disciplinary records of my attorneys in my state, I saw that some attorneys were disbarred for stuff like this. Of course I don't know your details vs their details. I just remember seeing a couple of cases where the attorney abandoned the case to the detrement of the client, etc. etc... and received disciplinary action.

Hope you get a resolution soon.

[lrprn]

YOu need to report this attorney to your state's legal disciplinary group for abandonment and also for ethics violations.

To report the abandonment, here's the contact information for each state's lawyer disciplinary agencies - http://www.abanet.org/cpr/regulation/directory.pdf . Scroll down to find your state.

And to report ethics violations (and what this lawyer did to you certainly is one) - http://research.lawyers.com/Reportin...iolations.html . Scroll down to see the state links.

A few states have designated funds for people to use to hire another lawyer after they were screwed by their first one. Hopefully yours is one of them.

[music12]

also some states have a process where you can call informally, tell the bar what happened, they would then call your lawyer and convince him to act the way he is supposed to act. then you may not have to file a complaint. however, at this point you may not trust him enough to have him continue representing you anyway.

[HHM]

LET's ALL BACK UP.

From the way this OP puts this, it sounds like the case is basically over. If you have had your 341 meeting, the attorney has done everything they have agreed to do. It sounds like this attorney simply does not want to continue to be the attorney of record after the fact. (i.e. we don't have the full picture). For some attorneys, this is somewhat common practice (i.e. bankruptcy mills, once the 341 meeting comes, they are done).

Also, I take issue with the statement that you pay for a "result". That is not the case. You pay for the efford and time. No attorney, in any field can promise a result, you are not buying milk.

[shabam]

Should we not find out details before we chant death to the lawyer.

[justbroke]

The Judge is likely to sanction him. 'Hub

Probably worse... the Judge is likely to disgorge all the fees! Then rebuke him.

Of course, that's after the facts are reviewed and the Lawyer actually didn't perform the services in the Contract.

[music12]

i don't think it's ethical for an attorney to withdraw right after the 341, even if the attorney has not been retained to defend an AP. they should stay on the case so they can see it through to the end, even if just to make sure the discharged is entered in as timely manner as possible. also, they should stay on so that IF an AP is filed, the debtor has the option of discussing with this attorney the options.

i think that for the attorney to withdraw, he needs a really good reason such as that he knows the debtor is lying and therefore cannot continue to represent them. but it doesn't sound like that's what's going on here.

maybe the OP can check on pacer whether this particular lawyer has this habit of withdrawing right after the 341. it could give perspective. also you would know if the judge tends to allow the lawyer to do this in your district.

[justbroke]

I didn't read anywhere the attorney filed with the Court to be withdrawn as counsel. While I may not sign a release until after discharge, I really don't see major issues yet. The debtor would have to prove that the "services" contract was actually breached, and that the attorney did something unethical.

I would say that making you sign a release after the 341 Meeting, is a little bold. I would hold the attorney until discharge, as the earliest. However, you only need to read your services contract to see what the lawyer, err, you, signed up for.

After re-reading back through and looking only at the original poster's posting... I'm with HHM. We do not have enough information to know what is in that Professional Services contract between the debtor and the Attorney.

There's information missing.

[luvbluz2]

attorney wanting to fire client in b/k case

Angelina Cat Hub, is there not a standard form like in a divorce there's an FL-320 form you file, in bankruptcy is there not a form # as when in my divorce I had an attorney wanting me to release him, I filed an FL-320 form and I got to go in front of the judge and talk to judge and the divorce attorney had to appear with me and the judge had the attorney 'stay with me and my attorney had to finish his job' yet this was divorce, ....what is the case with bankruptcy, I don't fully understand what you stated to do exactly. Is there not a form number???? [p.s. this filing my bk atty did in his motion to withdraw, he did not even have my right house number or city, fortunately i got the letter by zip code and a neighbor, unreal, I can't believe A) the way attorney's can't keep anything accurate and b) if they get too much work than they priced themselves in, they cry and want to release you, c) are there good honest attorney's left, 4 I have had to go thru 5 lawsuits and it's why i'm facing bankruptcy 4 if I had good atty's for the battles I had where for other's wanting my $$ and between the money grabber's coming after me and the atty's I hired to 'help me' not doing their jobs, I had to resort to bankruptcy....If atty's would perform as they should the world would be a much happier place as far as i am concerned.
I want to thank you for you answering me and please advise again if there is a b/k form # for filing a motion of why I do not want your b/k atty released and if there is no form # please could you help me understand your answer and clarify if you could 4 me and again Thanks 'big time'

[justbroke]

There is no form. It's done by motion. If your attorney actually filed a motion with the Bankruptcy Court to be discharged from the case, then you just answer that motion and show up on the hearing date. If there's not a hearing date on that form, then you call the Clerk of the Court and ask what the hearing date is.

This still doesn't seem right and there is information missing.

[luvbluz2]

attorney wanting to fire client in b/k case

What I have is 'Motion to withdraw as attorney of record', there is not established court date that I can find on the paperwork of the filed motion that I have received from him. What I need to know is how I tell the judge that he got paid and needs to finish his job. For this atty is stating in his motion that I should get another attorney, (if he stated for me to go on my own, then I would think that the attorney would think I would be 'safer' for some reason) but he's stating that I need to get another attorney. I'M BROKE, I CAN'T AFFORD ANOTHER ATTY. So this is my nightmare. For I paid him an established amount and he then states well I did this amount of hours so I can't refund you, it's the 1st time I even knew he had an 'hourly rate'.