Another $540 bill from our attorney, and yet

[olivies]

We've received no requests to date for additional information. (Recall, the UST has extended her option to dismiss us twice now. The last time she stated she was awaiting info when we weren't aware of anything that had been missing).

On the one hand- I'm glad our attorney is speaking with her. On the other hand: 1.6 hours of billed time for the hearing and for a phone call between him and the UST and we have NOTHING new requested of us?

Can I send her a personal thank you note for wasting money we don't have in the first place?!

[HHM]

This is what happens when you go with an attorney that is "cheap" up front and does not agree to cover "everything" in the BK. The fact is, you owe the money and I doubt you have any wiggle room in the fee agreement. Attorneys are paid for the time and effort, not the result. (the only time you get to complain is if the attorney screws up, but if they are putting in time and effort, you owe the money).

You can fire your attorney and proceed on your own at this point, but if you have the US Trustee wanting to dismiss, that would not be a wise move.

[olivies]

Actually, he wasn't cheap. Just supposed to be very good. Our initial fee was $2200, definitely not one of those "pay us pennies to file your bankruptcy" deals. We've now racked up another $2100 in fees, because of all the back and forth between the attorney and the UST (again- we provided everything she asked for back before October when she first asked for it) AND the attorney and us. Every phone call we make to him that his office returns, or every email we send to his office that he responds to, we get charged for. I'm just venting. I owe the money- I'm not trying to say I don't. BUT, what I'm not ok with is my bill keeps going up (additional $2100 so far in fees) and we provided everything she requested back before October. It doesn't make any sense to postpone a hearing and decision if you've had all the info you requested all along. And on this end of the situation, we're being charged for calling his office to say "umm...have you heard anything back yet because you guys haven't contacted us in weeks and we just got another notice of extension". Grrrrrrr.

[HHM]

okay, not "cheap" but still, not that high end. There are attorneys that don't nickel and dime clients. Granted, you may have paid $3000-$3,500 up front, but after going through it, now you realize that such a fee would have been a better deal.

[olivies]

Maybe we just didn't call the right attorney, but truthfully we never came across one with a fee up in that range. Not for a 7. A 13, yes.

Interestingly, DH says he doesn't ever remember getting a fee schedule or fee agreement from the attorney. Can't say that I do either. We should have a copy of it, if we did, so I'll have to go look through the evidence of deforestation that is on my desk.

[tyson24]

Sorry this is happening to you. It's almost like they are in cahoots! With the attorney saying "you keep extending and requesting, and I'll keep billing and billing..." I hate that hamster wheel crap. Hopefully it ends for you soon.

[despritfreya]

I need to chime in here. The flat fee my firm charges for Chapter 7 cases, which start at $2500, covers everything except:

1. Inquiry by the UST (audits, abuse issues, etc.).
2. Contested and/or adversary proceedings brought by the UST, Trustee and/or creditors.
3. 2004 exams/discovery requests from the Trustee and/or his attny.
4. Applications to sell property, approve modifications etc.
5. Having to appear at a 2nd 341 because the client failed to submit requested documents to the Trustee or fails to bring the required ID, or just simply doesn’t show up.

There are other items but you get the picture. Anything not covered by the flat fee is billed at the firm's hourly rate (between $250 and $370 depending upon which attny). The fee agreement, in painstaking detail, advises the client of this.

Typically the client will know ahead of time if there are going to be issues since we spend many hours discussing the case and the potential problems before we even file it - as the nature of the cases we handle tend to lead to additional work outside of the “basic” filing. No one can predict what will or will not happen but we try to enlighten the client as best we can. The point I am making is that a good attorney will have properly prepared the client to expect and understand why there are additional charges long before they materialize. The client may not be happy with the additional fees but they understand that, if they want to continue as the client, they have to deal with the fees one way or the other. Now, of course, the client can fire the firm if the client is not happy with the representation or the cost. That is the client’s right.

So, if the OP is satisfied with the representation then she will figure a way to deal with the additional fees. Most of us understand that money is tight. All we ask is that the client make the effort, even if it is a mere $25 per month.

Des.

[olivies]

It's not the representation. I have no problem with the representation. He's supposed to be good, so I'm hoping he's worth the money and he fights when the time comes. And he advised us there was a chance the UST would poke in because we are over the median income. Still.... yet to find a fee schedule detailing any of this.

I'm just irked more than anything that the UST's office is costing me more and more money- $500+ dollars last month alone- communicating about what the UST wants to know, but nothing more has been requested of us than we originally provided months ago.

I just want it done- one way or the other. I'm exhausted from this marathon.