BK attorneys feel free to respond

[clearslate]

I filed last month and curious about a comment written in a letter to me by my attorney:

You have filed bankruptcy proceedings after a major
revision in the bankruptcy laws in 2005. Since the court decisions under
law are still developing, the courts and attorneys are still in the process of
learning the implications of the new law and how the new law may impact
a number of matters is still uncertain.

Does this sound like a legitimate statement or a cop-out? I felt it was the latter because my attorney has made some errors to this point.

It seems to me that a bk lawyer who has been practicing for over two decades would be keen to ramifications of a law that was changed nearly six years ago

[bigtim6656]

you would think, I am not a lawyer but sounds like he messed up and it is going to cost you and he wants to protect him self 5 years after the law he should have become familier with 4 years and 364 days ago.

[despritfreya]

It is a CYA letter as it relates to any issues that may pop up that have not yet been litigated or to which there is a split in authority (the fact that the law changed in 2005 is irrelevant - it took that long for the USSC to decide Lanning). Sounds like this is a standard "boiler plate" letter that this particular attny uses. I do not have such a letter but I can see it being used.

[clearslate]

I should note that he has made this claim several times since I first retained services months ago. I believed him until errors starting popping up. Then I thought that he might be incompetent but had already paid my retainer fee. He was also referred to me by a reputable real estate attorney. I just hope that I'm not screwed. My 341 is next week.

[despritfreya]

What kind of errors, if you wish to elaborate?

[ccsjoe]

clearslate,

Whether or not he made some errors is regrettable, howeverm the CYA is referring to vastly different decisions by different circuit judges interpreting the 2005 BACPA and the fact that BACPA has yet to be effectively legally challenged, hence a precedent on some of the aspects left up to interpretation has yet to be created. I read a lot about this prior to even looking for my attorney.

Just thought you'd like to know what the CYA is really about!

Good luck and I hope you lawyer improves!!

[keptdigging]

If there's one thing I've learned it's that the implications of the 2005 law are NOT close to settled, legally. A lot of variance district by district, conflicting appellate decisions, etc. So the statement is not unreasonable. It's the nature of real world law.

Whether he is competent or makes errors is an entirely separate matter.