Retainer question

[nc73]

I signed a retainer and paid about 200 dollars out of the 2500 so far. I have not received my means test from them. They appear to be too busy. Our last meeting on Tuesday was suppose to involve doing the means test but she wanted my wife's paystubs which I did not have (boss didn't give it to her). Anyways we were able to get the paystubs and I emailed it to her yesterday morning and still I have nothing. They are not returning my calls or responding to my emails. In any case could I just walk away and find another lawyer?

[SinkingFast]

Yep! You can walk. You've got to "officially" terminate this attny before another attny will take you. You've got to write a letter/statement telling this attny you no longer need their services. You may or may not get any monies paid back.

If you want more attentive legal representation, you might wanna look elsewhere. And make that a question as you screen more attnys. "If I call or email, how long will it take to get a response?? Will I hear from the attny or a paralegal??"

That happened to us. We retained one attny and never heard a word from him after we paid him money. Never got a call back from his office and he did jack squat for us in negotiating a DIL. So we "fired" him and moved on. One of the best decisions we ever made. Lead us to a really great attny that we did hire.

[nc73]

I actually never got to speak to a lawyer, just the paralegal. How sad is that..

[jp2861]

You gave a lawyer a retainer without even knowing if you qualify to file? I suggest you read every thread on this forum and get yourself up to speed on what to look for. Learn as much as you can from the forum and compile a list of questions to ask. Then schedule some consultations. The best case scenario is to walk into a consultation with all the documents you need, plop then down on the lawyers desk, and have him go to work. A good lawyer won't take long to qualify you on the spot. Forget about talking to paralegals and assistants. You're paying for a lawyer, not a paralegal. As far as the means test is concerned, you should be able to do that on your own with the information that's posted here and other sites.

[nc73]

You gave a lawyer a retainer without even knowing if you qualify to file? I suggest you read every thread on this forum and get yourself up to speed on what to look for. Learn as much as you can from the forum and compile a list of questions to ask. Then schedule some consultations. The best case scenario is to walk into a consultation with all the documents you need, plop then down on the lawyers desk, and have him go to work. A good lawyer won't take long to qualify you on the spot. Forget about talking to paralegals and assistants. You're paying for a lawyer, not a paralegal. As far as the means test is concerned, you should be able to do that on your own with the information that's posted here and other sites.

the problem I'm having is what to include and what not to include in the expenses. property that I'm giving up can be used in the means test per the paralegal but I've heard that it is sometimes not allowed. So that's why I want them to do the means test for me. I wish it was a simple case but it isn't..Now if I wait 3 months and can include all my expenses (surrendered home, etc) I would qualify for a 7. If all else fails I wait 5 months, we will have a 2nd child by that time and we'd be able to qualify because we'd be below the median income for Texas at that time. I need to file ASAP and really don't want to wait the 5 months. You are right though I didn't pay to see a paralegal.

[JollyGG]

You just gave them the required paperwork yesterday. Give them a little time. If they don't have it to you by the end of next week then you can start nagging them.

Is there some reason you need to get filed ASAP?

[nc73]

You just gave them the required paperwork yesterday. Give them a little time. If they don't have it to you by the end of next week then you can start nagging them.

Is there some reason you need to get filed ASAP?

Wed morning actually and it was missing my wife's paystubs. They had most everything tuesday. Their excuse was that the lawyers are gone on a business trip so the paralegals are the ones doing the work this week. Need to make plans to move overseas and this is just holding things up. I need to time everything just right.

[HHM]

Don't be "that" client, give them some time. If time was of the essence you should have addressed that upfront with the attorney. In any event, depending on how busy the office is, you should allow attorney's about 1-2 weeks to get things put together.

[nc73]

Don't be "that" client, give them some time. If time was of the essence you should have addressed that upfront with the attorney. In any event, depending on how busy the office is, you should allow attorney's about 1-2 weeks to get things put together.

Didn't even get to speak to one. they are too busy. I don't have 1-2 weeks. It shouldn't take that long to do a means test per some posts I've seen. Waiting forever in the office is bad enough. I am the first one there and everyone else that came after me was seen before me. Any questions I have only gets answered if somehow I can get an appointment to see one of them. 2500 for all this is just plain extortion. Granted I only paid 200 down so far. I've yet to see results of any kind. Anyways guess I will have to wait. 2 weeks to determine if I can do a 7 or not, that's just ridiculous.

[jp2861]

Wed morning actually and it was missing my wife's paystubs. They had most everything tuesday. Their excuse was that the lawyers are gone on a business trip so the paralegals are the ones doing the work this week. Need to make plans to move overseas and this is just holding things up. I need to time everything just right.

It sounds like you want folks to bend over backwards to accomodate you. That just ain't gonna happen.

In one of your other posts you made this comment:

"You can be anywhere in the world as long as you can attend the 341 meeting."

So, I don't see what your rush is. Based on your comment you can move overseas and come back to do what you need, right?

Your choices are to either play the game with this lawyer or find another one that will drop everything he/she has scheduled and cater to your every need.

Best of luck!

[nc73]

It sounds like you want folks to bend over backwards to accomodate you. That just ain't gonna happen.

In one of your other posts you made this comment:

"You can be anywhere in the world as long as you can attend the 341 meeting."

So, I don't see what your rush is. Based on your comment you can move overseas and come back to do what you need, right?

Your choices are to either play the game with this lawyer or find another one that will drop everything he/she has scheduled and cater to your every need.

Best of luck!

I've tried figuring things out. Problem is wife is pregnant and she can't fly before after Dec. If I could file now she could just go to the UK after the 341. It's just damn complicated. Oh yes I did get them to bend over backwards, it's what I'm good at. Just talked to the paralegal and she says I could file now but would b of a would probably object to my previous cash advance. So I'm back to waiting 90 days to file. Apparently I can't include expenses on property that I'm surrendering....good lord all this and trying to evict my tenant is killing me. Can't get a definite answer from anyone on anything!!!!!!!!!!

[HHM]

If your that dissatisfied, then go find a different attorney. I don't know what you really expect us to tell you. You said it yourself, "you have only paid them $200", I really don't know what you expect. In the grand scheme of things, if the office had NO other clients, you are correct, it would not take that long to do the means test...but I am guessing this office has quite a few active clients and "since you are NOT paid in full", your issues are going to be put at the bottom of the pile.

Plus, there is more to a BK than a means test.

[Minnymouth]

nc73,

Sounds like you want to file BK and "DO IT RIGHT NOW"........ to keep you life on how you have it scheduled.

Excuse me, doesn't work that way.........

When you file bankrutpcy you are at the mercy of your attorney, the Trustee, and the Federal Court. They DO NOT BEND to your wims..... or temperment...... THEY are in "charge" - you are NOT!!! The Federal Court (Trustee) will control your life and finances the entire length of time that your bankruptcy takes to complete.

Sounds like you have had "cash advances"......soooooo, your attorney has advised you to wait out the 90 days so that there are no objections.....

Unfortunately you have a pregnant wife that cannot travel after Dec....... (bad timing for BK and moving overseas at the same time)..... You may have to wait till after the baby is born to travel with your spouse.

The Court WILL NOT rush to accomodate you..... neither will your attorney, nor the Trustee..... you are on their schedule!!! Being obnoxious and arrogant with the Bankrutpcy attorney, and Trustee will only drag out your case and make it difficult for you!!!

Soooo, calm your A*** down, take a chill pill, and go with the flow if you need to file BK......

Get the correct paperwork to your attorney, let him go over it and then he will advise you what you need to do..... aggitat him, and he'll put you on a "back burner"......

By the way, most paralegals "collect info" for their attorneys, put it together, then the attorney goes over it and consults with you.

Everyone understands your urgency in wanting to get this done, and that you feel pressured to get it accomplished as quickly as possible...... your just going to "have to be patient".....

Possibility you might have to wait till after baby arrives to file.....Some simple bankruptcy's take 4-6 months or longer in a Chapter 7, some if in Chapter 13 take 5 years................

Patience is a "virture" - time for you to develop some and be kind to yourself............

[nc73]

nc73,

Sounds like you want to file BK and "DO IT RIGHT NOW"........ to keep you life on how you have it scheduled.

Excuse me, doesn't work that way.........

When you file bankrutpcy you are at the mercy of your attorney, the Trustee, and the Federal Court. They DO NOT BEND to your wims..... or temperment...... THEY are in "charge" - you are NOT!!! The Federal Court (Trustee) will control your life and finances the entire length of time that your bankruptcy takes to complete.

Sounds like you have had "cash advances"......soooooo, your attorney has advised you to wait out the 90 days so that there are no objections.....

Unfortunately you have a pregnant wife that cannot travel after Dec....... (bad timing for BK and moving overseas at the same time)..... You may have to wait till after the baby is born to travel with your spouse.

The Court WILL NOT rush to accomodate you..... neither will your attorney, nor the Trustee..... you are on their schedule!!! Being obnoxious and arrogant with the Bankrutpcy attorney, and Trustee will only drag out your case and make it difficult for you!!!

Soooo, calm your A*** down, take a chill pill, and go with the flow if you need to file BK......

Get the correct paperwork to your attorney, let him go over it and then he will advise you what you need to do..... aggitat him, and he'll put you on a "back burner"......

By the way, most paralegals "collect info" for their attorneys, put it together, then the attorney goes over it and consults with you.

Everyone understands your urgency in wanting to get this done, and that you feel pressured to get it accomplished as quickly as possible...... your just going to "have to be patient".....

Possibility you might have to wait till after baby arrives to file.....Some simple bankruptcy's take 4-6 months or longer in a Chapter 7, some if in Chapter 13 take 5 years................

Patience is a "virture" - time for you to develop some and be kind to yourself............

Ya know actually the paralegal said to file right away even though I have recent cash advances. I suppose they could make more money that way when there are objections or it becomes adversarial. I'm going to see another lawyer tomorrow and pay a 225 consult fee. At least this time I get to speak to an actual attorney.

[Minnymouth]

Yes, you can file right away..... then get slapped with objections from the creditors and adversarial complaints.....(for which you pay separate w/court appearances)..........

You can wait and speak to the attorney who is already familar with your case and has it in progress..... OR you can go and sit down with another attorney who will want to do the same thing (look over your info for a few days)........ and get his opinion......

Good luck, let us know what you do and decide......