WTF?!!? Attorney no longer with firm!!!

[attila]

The bar date was Jan 4 for filing claims by my creditors. My attorney called me on Monday Jan 7 to tell me the amount that shows as filed. He told me he was going to check again yesterday and see if anything further appeared that might not have been logged into the system yet. Today I got tired of waiting for him to call me...so I called his office...

I was told he is no longer with the firm as of Friday. I was given a number to contact him at.

Is he still my lawyer? To those who have followed my case, I have not had the best of luck with my representation.

[BKOnce]

He was fired!... j/k.. he found another job or quit!.

[HHM]

Well, that kinda sucks.

As for who is your attorney...check on PACER and see whose NAME is listed as your attorney. If the name listed is this guy who is no longer at the firm, then, as far as the BK court is concerned, he is still your attorney of record. However, if the name of the attorney in PACER is the head honcho at the law firm, then you are still represented by the law firm.

However, this is not something to get too worked-up about, if you are already on "claim bar date" there probably isn't really anything else that is going to happen in your case for which you need an attorney.

[Lindsay]

Unless he was disbarred or something horrible, I think he is probably still your attorney. Yikes, you think he would have mentioned this to you though!

[attila]

Par for the course as far as my case goes. I called the firm back and they are pulling my case file which leads me to think that he didn't leave on the best of terms?

[FreshLikeADaisy]

Attila, not necessarily. They would have to pull your case file anyway if only because the people you are now dealing with have no personal familiarity with you or your case. Don't jump to conclusions and make it harder for yourself. Like HHM says, check it out on PACER, and then verify that you still have representation by contacting that person.

To be honest, in professional life I have seen so many people fired, quit or leave for so many reasons, some valid and some not, that I just don't even concern myself with *why* anymore.

I have seen some of the most talented and valuable people fired just because someone incompetent was threatened by them, and we've ALL seen where incompetents were raised vastly beyond their abilities, I'm sure. So whether your atty quit or was fired, the only thing that really matters is that -SO FAR- he got the job done for you, smoothly or not so smoothly.

And yeah, I'd be all "WTF!?!" too. I know it's not my bk and it's easy for me to say don't worry, but.... don't. Pull PACER, see who the atty of record is, and then go from there. Keep it fact based so you can clearly see what your next move should be. Don't waste your worry on something that may not even affect you, if you can help it. Good luck!!!

[HHM]

I should also point out...if the name on PACER is this attorney (and not the firm), that does not necessarily mean he will actively represent you...it just means that the BK court still THINKS he represents you.

Your first course of action...check PACER...then check your Retainer agreement...who is listed at the retained attorney (this attorney, the firm, etc)...then call the firm, and see if they are still representing you.

[attila]

Ok - finally got onto Pacer. The attorney's name appears not the firm name.

I am mostly freaked out because I spoke to him last week and he sure didn't sound like he was leaving the firm. He didn't mention it anyway. He told me he would get back to me this week.

[attila]

On a posititive note: The bar date to file claims was 1/5/08. I got a printout of the claims filed to date and only 5 claims were filed prior to 1/5/08. One was filed on 1/7/08 and entered into system on 1/8/08 for the water company. There is a second date noted for last date to file (govt.) and I guess the water company counts as government? Odd that they filed as I have a automatic payment set up with them through my checking account.

Considering the massive credit card debt..I am mildly hopeful that these are all that filed on time. It amounts to about 1/3 of what I owed.

[krielly]

You said they gave him a number for you to contact him. Have you tried calling him??????

[attila]

Yes - I left him a message immediately. He called me back today and he is in San Diego now. No explanation as to what happened or why he didn't let me know. He said the firm would be handling things from here on out. BUT that if I had questions or issues, to give him a buzz.

I'll post an update as soon as I know more.

[FreshLikeADaisy]

I later find out the day after my attorney appeared in BK court she was arrested on drug trafficking charges...

...[another atty] was disbarred for embezzlement and was in another county and no one knew where his files were and their was a warrant for his arrest....LMAO...I know how to pick them...

Dang, BigBoy! You sure DO know how to pick 'em!

Attila, it makes me feel better that he's at least returning your calls. That must be a relief to you! But next time you speak with the firm, consider requesting that they officially change the attorney of record name on your case: that verifies to all concerned that the firm is actually representing you, and not the atty who has left. Settles the whole thing. I think that would go a long way toward assuaging your concerns. Good luck!!!