I want to go pro se! You people have taught me too much!

[ediev]

[lrprn]

It's always best (especially with a business involved) to interview at least 3-4 bk lawyers in your area before retaining one. However, you've already retained this one, and most bk lawyers won't meet with you now if you've already hired another local bk lawyer.

You really have three options here: (1) Stay with this knowledgeable attorney and his moron legal assistant (and if you do stay, go over your filing papers with a fine-toothed comb line by line and challenge anything that doesn't look right. Do not sign it until it's accurate.); (2) Ask for your retainer back and interview several more local bk attorneys now that you understand so much more about filing bk; or (3) Go ahead and file pro se.
Ultimately only you can decide which option is going to work out best in your situation.

No matter what you decide to do, we'll help you sort things out as best we can (but keep in mind that 99.9% of us are not lawyers and we can't give you sound legal advice that matches your local court's and your individual trustee's customs and habits like an experienced local bk lawyer can). Let us know what you decide to do, ok?

[Dst1]

This happens in all professions. One of the best medical doctors I ever knew went bankrupt because he could not keep his books properly and the people he hired were stupid and unqualified. Just because someone is competent in their profession does not make them a good manger. This lawyer probably hates the LA as much as you do but just doesn't have the interest in fixing the problem. There is a reason that big law firms have a *managing partner* it's not work that everyone wants to do.

This is a tough call. Personally, I would rather take a qualified professional who is a jerk then a cheerful and happy incompetent that bungles the whole job. But I know people who think life is too short and wouldn't put up with what you went through for one minute.

[nc73]

You paid your retainer. Keep him. Or you just give up the retainer and spend time finding another lawyer. Most lawyers will get you through the process one way or another. They are only human beings.

[MSbklawyer]

Get on pacer and pull him up. Pick 10 or 20 of his recent bankruptcy clients at random. Look some of them up in the phone book and give them a ring. Ask them questions about their level of satisfaction with his service.

[OhioFiler]

I would not expect a legal assistant in a bankruptcy office to be able to answer too many questions. Mostly what they do is data entry of the info you provide into software that spits out your petition.

It seems like you have an attorney who is competent whether you are fond of his staff or not.

[music12]

actually, the OP has not even met the attorney who will actually work on the case, who is that other attorney in the office. i don't know if it's safe to assume that if this one knows this stuff then so does the other. i am confused as to why these law firms think that you would interview one of them and then hire the "firm" and not the specific lawyer. i think it's annoying and arrogant.

[meateater]

I have to differ with MSbklawyers suggestion to look up folks who used this attorney and call them. I would freak out if a stranger called me out of the blue to discuss my experiences with a particular bankruptcy attorney and would hang up. A random call from someone perusing the bankruptcy docket might be the thing that "outs" a person who has not shared the bankruptcy experience with friends or family. This is the last thing that someone in bankruptcy needs to deal with. If you really want objective feedback on a lawyer, how about finding out when their clients have 341's, showing up, and asking the client after the hearing about the attorney. You'd get to see the lawyer "in action", and the place would be way more appropriate than calling someone at home.

[Flamingo]

Legal assistants and paralegals cannot give legal advice, same as for this forum as lrprn states. Only attorneys can give legal advice for which you pay as they are providing a professional service to you. One person's situation is not the same as another person. Your posting reminds me of people who are going to have surgery done and then question a surgeon or doctor as to every little stitch involved to the point where the person asking the questions drives themselves crazy with details and feels they should do the surgery themselves they become so scared that something can go wrong.

You should have interviewed more attorneys and with a business involved, going pro se probably is not the best thing to do. If you are not happy with this attorney, call your State Bar Association and ask for some attoroney referrals who handle small business bankruuptcies.

The office staff you encountered were only employed to glean information from you to prepare documentation. A paralegal can assist also but cannot give you legal advice and works under the direction of a lawyer. If you are truly unhappy or scared as to the outcome of your matter, ask for your retainer back (if you can now actually get it) and move on. If this were a doctor or surgeon, you would to the same if not happy and would not allow the surgeon to perform the surgery.

[gmk]

I agree with OhioFiler, "what he said."

My attorney is very abrupt when responding to questions and very hard to get a hold of. I have had questions answered by his clerk that have been a mixed bag but in all instances when I finally get to talk with the attorney, all has been clarified. I'm OK with that.

If I have questions, what I do is ask them in an email sent to the attorney. Even though I may have more questions I typically limit it to 5 or 6. I also tell him in the email that I will call later in the week at a certain time. I don't expect him to be available so I will first talk with his clerk. Some days later I will get a call from my attorney and he will zip through the list with very black and white answers. Once I get him on the phone I usually slip in another question or two. My attorney is also a trustee and he answers the questions in a very, this is how it's going to happen way.

By using the email method I have a chance to really think out my questions and frame them in a manner that attempts to get a direct concise answer. He has a chance to think about what the issues are before calling back so I'm not wasting his time. So far it has been reasonably effective.

For piece of mind I would love to have him spend a few hours going over the process, allaying my fears, etc. but that ain't gonna happen. I'm resigned to that. When I first interviewed with him, he was late and he apologized for it saying that he just returned from court/341? and had handled 75 cases that day. These folks are busy.

[Flamingo]

Get on pacer and pull him up. Pick 10 or 20 of his recent bankruptcy clients at random. Look some of them up in the phone book and give them a ring. Ask them questions about their level of satisfaction with his service.

I'm not knocking your suggestion but I don't think I would want to be on the receiving end of that phone call..."Hey, we were searching PACER and saw your case in there with a lawyer we want to retain...can you help us as we are complete strangers and don't know you and the attorney?" It's probably better to ask the attorney directly for a list of references of people or business who have agreed to be contacted or check with the State Bar for any complaints and/or research the attorney/firm thoroughly on the internet.

[gmk]

I feel a good way for attorney referrals is from other attorneys that you may know. I called the attorney I used for real estate and asked him about labor attorneys (he had no recommendations but he faxed me a list of local attorneys) and about bankruptcy attorneys. He recommended the attorney I hired and he commented that he knew this guy, he was very highly spoken of and he was a trustee (he thought that was a big plus).

What I appreciated in our conversation was that since I already had a relationship with this real estate attorney, he took an interest in providing me with what I felt was straight scoop. He didn't recommend a labor attorney because he had no recommendation, but he did where he felt he had some knowledge of a good BK attorney referral.

[MSbklawyer]

I would freak out if a stranger called me out of the blue to discuss my experiences with a particular bankruptcy attorney and would hang up.

I'm not knocking your suggestion but I don't think I would want to be on the receiving end of that phone call..."

Well, a letter to them then if they're that spooky.

[Flamingo]

As to checking out attorneys/firms, if you have no friends or family that you can ask for possible references, many, if not all states, have a state magazine which does an annual poll as to the "best of" everything from restaurants, businesses, law firms, etc. People who have utilized these services send in their expeiences with these businesses and recommend them. The ones I have seen in our state get through are honestly the best around as to any service provided, including legal. All it takes is an internet search to obtain that information along with the variance experiences that may be listed from folks utilizing the services.

And, as gmk mentions, Bk attorneys are tremendously busy now and many firms/single attorneys have hired extra staff to help handle the load. A BK with a business attached is a more complicated matter and takes more time and research. But just as with hiring any professional to handle your Bk or any other services to be provided to you, if you are not happy you can find someone who makes you happy or fits your needs. Just takes a little footwork and homework,.

[ediev]

Thanks to everyone for their feedback...certainly has helped to put things into perspective. I will definately be sticking around for a long time, since this board is what's keeping me sane, not to mention incredibly informative. I can only hope to be able to help in the future.

As many of you mentioned, and I do agree, attorneys are swamped. I am really trying hard to be considerate of thier time and more understanding as to what a LA can take care of, and what the atty should. At this point I still have many questions. I do believe (& I think Flamingo pointed out) that I'm over-thinking/analyzing every little detail. But knowledge is comforting to me, and allows me the security to know the people who I've hired are doing their jobs correctly, especially with something so important to my family's future. I guess I need to come to terms with where to draw the line and then let them do their job. If I stick with this atty, I think it best to ask my question to whoever is available to take it (someone suggested email - yes, yes, yes) and depending on the importance of the question and the confidence I have with their reply I will ask them to double-check with the atty. I think that's fair?

Someone pointed out I haven't even met with my "assigned attorney". I hadn't even thought of that. I guess I will get a chance to meet them at some point, I was thinking when (if) I bring in my next payment and required documents, I would ask to meet with them. The LA's are going to hate that.

I'm pretty sure I will not do pro se (I plead temporary insanity ). The lawyer's "team" will fill out the forms, and I will do as someone mentioned - scrutinize the whole thing and hopefully the atty will also be able to catch anything that might pose a problem.

I'm still not 100% sure how I will proceed, but at this point I was thinking I would like to at least interview another attorney, just to compare. Someone mentioned I could not even meet with another attorney if I've already retained one? Is this true? And how would an atty even know I've already retained another? I would tell him, if asked, but I wouldn't have even thought to provide this information when scheduling an initial consultation?

Really truly grateful to all who replied - thanks so much.