Need Advice on previous lawyer

[Ann]

All, After retaining a lawyer and paying in full his fee to file a chapter 7 last week I was told I could not file a 7 right now. I have since retained a different attorney and will file with him shortly. I paid the old attorney $1400 for his services. When he told me I could not file a 7 or a 13 (very very long story) I was devastated. I'm no longer devastated but mad as HELL. I noticed some really really HUGE mistakes on the draft petition he was to file. Of course he told me I could not file and THEN told me I could look over the petition. I noticed he had added an extra month of pay onto the month of February which added another $250.00 on to our average monthly income for the 6 months. He used a so called "underwater" portion of my first mortgage and then added that to my total unsecured debt. He used the SEV instead of the true value which does not make my home underwater even if it was to be used as unsecured debt. Now (because I'm so mad at the measly refund he issued to me $120 out of the $1400) I decided to look at that draft again and found yet another huge mistake which was that he took the weekly deduction for our health insurance instead of the MONTHLY as part of our expenses. He used $77.00 instead of the $308 that we actually pay!!!! What are my chances of recovering more of what I paid to him for all of his mistakes? He did nothing for me and I feel so scammed. Can anyone advise? I was going to let it go until a few hours ago when I looked it over and I just could not believe it. How could he have missed such important information??? I know I can't get it all back but this is ridiculous. What steps can I or should I take??? Thanks!

[momofthree]

I don't really have any advice for you, but what shocks me the most is that he told you that you aren't eligible for ANY chapter of bk, and that he can do nothing for you, but then doesn't refund your money?! That's incredibly unethical, IMO. He's charging you for a service that he's telling you he can't provide? Wrong, wrong, wrong!

[ColoradoBell]

Ann, I posted on your other thread, but I'm having the same problem and had it 2 other times (you'd think I'd learn).

Mine wasn't for a bankruptcy attorney, but I know how you feel.
Here's my advice:
1. Write a letter to the attonrey stating your grievance and asking for a full refund less the amount of hours you spent with him at his hourly.

2.Since it is within amount for small claims I would file a law suit in small claims.

3. I would call your state's Attorney Discipline Review Board and file a complaint.

4. If you live in a small town, get the word out he overcharged you any way you can (internet, church socials, school meetings etc)

Here's what happed to me: an attonrey contacted me off the internet and said he could help with filing a motion to the court under limited representation. I sent him a 1 page motion that required a response that I had already written and just needed final form. (I've had to handle post divorce and appeal stuff for 5 years so I've pretty much got it down, but this was a biggie...a motion by X to make me vacate our home for sale. anyhow, I sent him the motion AND a $1000 retainer. He went to his kid's birthday party and then spent the entire 4th of July weekend out of office. My response was due on MOnday after the 4th (Sat) .....Needless to say, he didn't file anything and I had to file instead. Then he called me to say he'd decided he didn't want to do just limited rep, but to fully rep me and that would require.....are you ready...a $50,000 retainer. When I laughed and said forgetaboutit, he said he was keeping my retainer. Just yesterday, with another attorney I hired to sue a Receiver...paid him a $3500 retainer. He spent 3 hours with me not getting a handle on the files I had prepared for him and another 3hour initial interview. Now he says that my retainer is gone...6 x $250 hr does not = $3500.

Not all, but many attonreys are blood suckers and will take whatever they can get. Then there are the nice ones and they never get paid.
Hope you get some resolution from your. I have a divorce attorney I fired for malfeasance long ago who after two years liened my house for ...$90,000.
Once the court system gets its hooks into you, it never ends. Hopefully, bankruptcy will end it for you!!!!

[ejhamilton]

You need to contact the state bar for further action. http://www.abanet.org/

You cannot complain about ethics, since it's only about fees, so it's really not a complaint. You will need to see if your state bar offers a fee arbitration system.