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Lawyer: How pushy (if at all) should I be?

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    Lawyer: How pushy (if at all) should I be?

    I've been trying to get a call back from my lawyer's assistant for about 2 weeks. It's starting to feel as though now I have paid my fees in full, they can ignore me.

    Filing straight forward Chp7, no assets. I realize they are very busy, but is it unreasonable to expect a call back at least so I can get some questions answered? We were served papers last Saturday (small claims) for medical bills...we've got 14 days to respond...I have a lawyer for this kind of thing and I'm not getting much response from them. I hired this office because it is highly recommended. Guess I'm just concerned because I'm kinda scared about our situation but at the same time, I don't want to tick my lawyer off by becoming "that annoying" client.

    So...how pushy is too pushy? And what can I expect if my lawyer fails to finally file my Chp7 before the small claims paperwork is due?
    Any opinion expressed is based on personal experience and/or research. i.e.

    #2
    After I had done all of the work required pre-filing... gathering all the information requested and turning it all in, it took from mid November to Jan 21st for my attorney to file chap 7 no asset for me. That was almost 2 months of waiting after I turned it all in and me calling and wondering too. I had to go back in several times to look over the petition and sign it... then it would get reviewed and they would find something else.... I was getting pretty anxious myself just like you as I had the same situation. It did get filed and it worked out. But I called relentlessly.

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      #3
      You're not being pushy at all. I think many of the bankruptcy lawyers just see us as numbers on paper, not as people! I can't believe that you're waiting 2 weeks for the ASSISTANT to return your call. My lawyer's office did the same thing to me, until I made them schedule me an appointment and I walked in with a FOLDER of paperwork that I had completed myself after learning that I could convert my 13 to a 7. So search on the board for posts similar to your case, and schedule an appointment (or show up, if they won't return your calls) and be as prepared as humanly possible. HTH and good luck!

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        #4
        It is good office policy to return calls within 24 to 48 hours. If you are not getting a response either communicate by e mail (some offices respond immediately) or set an appointment to meet with the attorney (you can't be ignored in a "face-to-face"). Have your documents been prepared? Your attorney needs to be advised of the new law suit as it must be listed on the Statement of Financial Affairs.

        Des.

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          #5
          I'd be sending them a strongly worded email advising them you expect your attorney to call you and answer your questions, as you've not received service from his/her assistant....or you'll be requesting a refund and taking your business elsewhere. YOU are the customer...it's not like they are doing you a favor!
          Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
          New Job 7-2011

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            #6
            I don't think you can ever really be to pushy. It's not unreasonable to expect a prompt response, that seems silly to even type. I agree with chicagoannie, you are the customer. It's a stressful and anxious time, these attorney's should be aware of that. If you have them on retainer then they need to live up to their end of the agreement.

            My attorney's office has a 24/7 customer support line. I think if a call comes in after hours, an answering service picks it up, takes a message and forwards it to him. I called his office once after 6pm and I believe that is what happened, he called me back within 30 minutes. Not sure why someone would need to speak to their attorney at 1am, though he also handles some criminal cases so that may be why. You can file bankruptcy without the help of an attorney, so my take on the situation is since I'm paying a lot of money for something I can do myself, I expect reasonable and prompt responses. I have also emailed them a question and received a response within 15 minutes. Of course, before I hired them, I researched them and customer service was a big selling point. I can drop in the office anytime. I have dealt mostly with the paralegal. During the initial consultation they gave me a information packet to complete, I brought it back, fully filled out and with copies of absolutely every single document I could find, to include tax returns, pay stubs, bank statements, copy of my passport, drivers license, everything. My paralegal's response was "WOW, you've been busy."
            Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11

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              #7
              Not pushy at all. Two weeks is unreasonable. Maybe to need to stop in.

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