Hearing on motion to withdraw...Please help

[ForTheBest]

I filed Chapter 7, attended my 341 last week and TT continued it until next month because my attorney had made errors on some schedules and had failed to file others. That alone wouldn't have thrown me too much, but there were much more serious problems as well.

Bottom line... I fired the attorney and asked him to withdraw. He filed the motion to withdraw yesterday. A few minutes ago he forwarded to me a notice he'd just received from the court. A hearing on the motion has been scheduled in two weeks.

Will I have to go? And if I do have to be there, what are they going to ask me?? Is there actually a chance they'll make me keep him on my case?

The very thought of it is freaking me out! So much so that I'm already picturing myself in an orange jumpsuit, in solitary. (On second thought, 3 squares a day, no rent, free healthcare... Nah, I still don't wanna do it!)

I can't talk to my new lawyer until Monday morning so, forum gurus, please share your knowledge/experience/best guesses about this.

Thanks! I look lousy in orange.

[justbroke]

Will I have to go? And if I do have to be there, what are they going to ask me?? Is there actually a chance they'll make me keep him on my case?

You should go if you're really trying to get rid of the attorney. The judge could force the attorney to keep representing you, sure. You will probably need a plan as to who will represent you afterward. These are all things the Judge would like to know.

Judge will probably ask you why your lawyer is withdrawing and why you don't want them representing you. This is mostly so that if the Judge grants the motion to withdraw, the Judge can also consider whether to disgorge some or all of the attorney's earned and unearned fees.

[ForTheBest]

This is mostly so that if the Judge grants the motion to withdraw, the Judge can also consider whether to disgorge some or all of the attorney's earned and unearned fees.

Disgorge??? Good heavens, that sounds even more painful than the orange jumpsuit.

Seriously, though, does that mean I'd have to spell out all my reasons for replacing my attorney... in open court? I don't want to hang the guy. His major crime is inexperience and the mess that caused.

That doesn't excuse his mishandling of my case, of course, but I'm not sure I want the blood of disgorgement on my hands.

Thank you, by the way, for responding as quickly as you did. It's much appreciated.

[whipster1]

You need to go and be quite up front why you are firing him. The Judge wants to know why...Lack of communication and poorly drafted documents are valid reasons, and make sure to ask for some of your fees back like justbroke says. If he is a poor attorney the Judge already knows and will be on your side.

[AngelinaCatHub]

Since you have requested this action, you really have to be there. Otherwise you do not know what may be said against you. You can "mince" your words in just a little sentence as to his work. Remember, every Judge was a lawyer once. Just say, we had irreconcilable disagreements in our relationship. Vague, but Judges do understand. If you roast him in Public, this goes around. Keep the peace if you can and all will respect you. I've been there and done it. 'Hub

P.S. if the Judge wishes further information, ask the Judge "May I approach the bench?" And, if given an affirmative, tell the Judge you do not wish to damage his career but you just don't want him to continue. If the Judge states you must say your reasons, be as kind as you are able. Don't get to specific. Believe me, it will pay off for you.

[ForTheBest]

Thanks very much, Whipster and 'Hub, for the tips on what to say and how to say it.

You're giving me the backbone I didn't have about this... while also making me realize that I don't have to go against my (some would say bleeding heart) nature in order to get this accomplished.

[JimKutkowski]

DSeriously, though, does that mean I'd have to spell out all my reasons for replacing my attorney... in open court? I don't want to hang the guy. His major crime is inexperience and the mess that caused.

That doesn't excuse his mishandling of my case, of course, but I'm not sure I want the blood of disgorgement on my hands.

Inexperience? Do you have another lawyer lined up? Make sure it a lawyer who likes/and does primarily Chapter 7, a messy Chapter 7 has a lot more headaches to it than Chapter 13. Personally I punt most C7s to a fellow attorney who needs the work and he sends me a C13 now and then (lawyers aren't allowed to take referral fees in bankruptcy), so make sure this guy or gal knows what they are doing in Chapter 7-land.

[ForTheBest]

Thanks, Jim. Yes, I have retained another attorney. I'm much more comfortable with him and have much more confidence in both him and his experience. I also know a lot more now than I did when I hired the first one, so I had a much better idea of what I needed to look for this time around.

One more question: When a motion to withdraw is filed, is a hearing always scheduled?

[JimKutkowski]

Thanks, Jim. Yes, I have retained another attorney. I'm much more comfortable with him and have much more confidence in both him and his experience. I also know a lot more now than I did when I hired the first one, so I had a much better idea of what I needed to look for this time around.

One more question: When a motion to withdraw is filed, is a hearing always scheduled?

Good, hard to argue lack of experience if you planned to go pro se

The second question is that is a district by district thing, check with your new attorney.

As far as when the question is asked, a simple: "I don't feel comfortable with my current attorney and I want to change counsel to this person. It is nothing that the attorney has done, but this is the only time I'm filing bankruptcy and it is stressful enough without being forced to work with a lawyer I'm not comfortable with."

Good luck to you.

[ForTheBest]

Update

Update: The hearing was evidently scheduled to be sure that I had retained new counsel. My new attorney filed a notice of appearance and the hearing has now been cancelled.

Thanks all for your previous input.