is my attorney obligated to respond?

[tdawg]

I have been trying to get in touch with my lawyer since February 22nd. I have emailed him 3 times (each a week apart) and called and left voice messages. He has not responded in any way at all (email, phone, or mail). I was discharged on February 22nd, but my case is still open as the trustee is apparently hiring a real estate agent. Does my lawyer have any obligation (other than ethical and good business practice) to respond to me or can he just never respond?

[jimbo367]

Write a letter to the judge, that will get his attention

[MrBankruptcy]

I hear this story over and over. Makes you wonder why you don't do it yourself. If you owed him money you would get a call. Contact the state bar and ask them how tp proceed.

[lrprn]

I have been trying to get in touch with my lawyer since February 22nd. I have emailed him 3 times (each a week apart) and called and left voice messages. He has not responded in any way at all (email, phone, or mail).

It's time to move on from calls and email and make a face-to-face appointment to meet with your attorney to discuss being a possible asset case. Explain you've been trying for three weeks to get in touch with email and phone messages, but so far, no contact back. Ask for an appointment within the week and see what happens then.

If you get the appointment, great. If you don't, then say in a normal, quiet tone of voice that as much as you regret it, you may be forced to contact the state bar and lodge a complaint of abandonment if you don't get to meet with your attorney within the next five working days. That might motivate him to get off the dime.

[jimbo367]

State bar will at most send a letter, I wouldn't get my hopes up.

As I suggested before a letter to the Judge will absolutely work and fast.

[BnkrptcyLwyr]

Try to remember that bankruptcy attorneys are VERY busy (at least our firm is, and so are most others in our area) and the phone literally rings all day with the calls of nervous clients. Do as the others suggested and walk in and set up an appointment.

Now, having said that, the attorney should respond.

HOWEVER, also, check your fee agreement. Many attorneys (unfortunately in my opinion) limit their services to doing certain things in your bankruptcy, and it may be that what you're asking for is not covered by the fee agreement.

[HHM]

Review your fee agreement. Before you go galloping off to the state bar, review the terms of the fee agreement. Most BK representation terminates upon discharge.

What do you need to talk to him about anyway?

[BCA2009]

Even if the fee arrangement doesn't cover any further services, it is totally unprofessional and rude for the attorney or his secretary to not aleast reply that he has performed all of his duties.

No excuse at all for ingnoring messages from a client or former client without letting them know why. Being "Busy" doesn't cut it!

I wouldn't waste my time with the state bar, but if after reviewing the fee agreement you still feel he is obligated to represent you, I would send him a certified letter stating that if he is not willing to fulfill his contractual obligations, you have no choice but to ask the trustee/judge for guidance on how to proceed because your attorney has abandoned you.

[HHM]

Even if the fee arrangement doesn't cover any further services, it is totally unprofessional and rude for the attorney or his secretary to not aleast reply that he has performed all of his duties.

No excuse at all for ingnoring messages from a client or former client without letting them know why. Being "Busy" doesn't cut it!

I wouldn't waste my time with the state bar, but if after reviewing the fee agreement you still feel he is obligated to represent you, I would send him a certified letter stating that if he is not willing to fulfill his contractual obligations, you have no choice but to ask the trustee/judge for guidance on how to proceed because your attorney has abandoned you.

I agree, from a purely professional and courtesy standpoint, he should acknowledge the contact.

[BKOnce]

Most lawyers' behaviors are built-in or honed with their careers like that. Working in their very stressful environments daily (i.e., their stress factor/magnitudes especially also depending on which type of fields like criminal, accident, civil, bankruptcy, divorce, etc..)... their mental and psychological thinking always being bombarded with tons of information, also involved lots of document reading, phone ear ringing tones, court appearances, conference/meetings with new/old clients, shaking hands, lunch meetings, docket briefing, argument drafting, then finally counseling & witnessing unforseen daily client problems/dramas, etc.. (now, you guess why they need their clerks & Secs doing their jobs for them).

Therefore, in order to survive their daily stresses and to be COLD yet professional UN-ATTACHED, UN-BIASED, & UN-EMOTIONAL well-being toward everyone EQUALLY, they must/have learned to adapt to work & live well... by FILTERING out un-neccesary information like, i.e., unwanted phone calls, annoying left messages, un-welcomed letters/solicitations, redundant questions, etc.. .. and try to be COOL


Conclusion, it's not EASY to be a lawyer! You don't last LONg if you DON'T adapt and LEARN HOW TO SAVE or USE YOUR PRECIOUS TIME (24/7, & 365 days) well!

[tdawg]

still no response

Sent another email, left another voicemail. The thing that really ticks me off is that I told my lawyer that at the 341, the trustee asked me for a number to call me at to have someone check out my house. A fill-in lawyer was at my 341. She told me that he asked that because he could try to get the mortgage company to pay him money to sell his house (even short-sell it). She said it didn't matter that I was current or that it has negative equity.

When I saw my lawyer last month (just a week or 2 before discharge), he said that if the trustee tried to sell my house that "we have to fight it because it would set a terrible precedent". I don't know if he meant he'd fight it for free or I'd have to pay him so he could fight it. This is why the lack of response has been surprising to me.

If he doesn't get back to me by the end of this week, I'll have to contact the court (or another lawyer) next Monday. Thanks everyone for your input!