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Not taking your attorney's advise?

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    #1

    Not taking your attorney's advise?

    Has anyone gone against their attorney's advise and have the outcome in your favor? Care to explain? How bad was it going against his/her advise?

    So far the attorney we think we are going forward with has gave us AWESOME advise. We don't anticipate an issue coming up where would wouldn't take it. But I'm a "what if" person so I'm just wondering. Attorneys know the law 10 fold over average Joe, but what if you believe so strongly your outcome would be in your favor and not heed his/her advise?
    In a perfect world every dog has a home, and every home has a dog.
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    #2
    Well, nothing really happens if you don't take their advise. You and your attorney would go separate ways at that point and any portion of the fee that was earned by the attorney would be KEPT by the attorney.

    I am not sure what you are really asking?

    The courts aren't going to care how "strongly you feel" about something, it will be the facts and circumstances that determine the outcome. In your case, based on what you have shared so far, you probably can be a 7, but it is by no means a slam dunk and in the end, it won't matter that you "feel" you should be a chapter 7.
    Last edited by HHM; 12-13-2009, 09:36 AM.

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      #3
      I think a better question is why would you want to continue to use an attorney whose advice you didn't trust?
      Last edited by Dst1; 12-13-2009, 09:40 AM.
      So the poor debtor, seeing naught around him
      Yet feels the narrow limits that impound him
      Grieves at his debt and studies to evade it
      And finds at last he might as well have paid it.

      Comment

        #4
        Originally posted by Dst1 View Post
        I'm not sure what you are asking either. The attorney works for you and not vice versa. Always remember that. HHM is correct that if the attorney feels uncomfortable or believes that it's something illegal or unethical you will part ways.

        In other words, you have the right to tell the attorney what to do because you are paying the bill. The attorney also has the right to say no thanks and discontinue the relationship.

        I think a better question is why would you want to continue to use an attorney whose advice you didn't trust?
        Correct, the relationship between you and the attorney is a two way street, the attorney has the same right to fire you as a client as you have the right to fire her as your attorney. There is nothing in an attorney's code of professional conduct that says an attorney must do what the client tells her. The attorney will/should advise you on your options and the consequences of those actions. It still remains the client's choice, but if the client wants to do something that the attorney feels is not in the client's best interest, not feasible, out side of the attorneys scope of expertise, unethical, illegal, or simply just doesn't want to do it, the attorney can say no...and then you part ways.

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          #5
          Um, there isn't an illegal bone in my body. I'm a straight shooter, up front won't hide, won't run. There is nothing to hide or be sneaky about.

          What I mean is, lets say your attorney advise is to buy a car before you file, and your not comfortable with it. Or he/she wants to use a retirement plan for a pay off, or if he/she just thinks you should go a 7 instead of a 13, or the other way around. The advise they offer is the way you have to play it?

          Are you saying if you don't take your attorneys advise, he can fire you? Um, haven't read that anywhere yet.
          In a perfect world every dog has a home, and every home has a dog.

          Comment

            #6
            You don't have to do anything your attorney tells you. For some of those issues, like car buying before BK etc, that is more about practical advise. You should quiz your attorney and why she is making that recommendation, what are the benefits and risks associated with the course of action.

            The chapter 13 vs 7 is a bit more fundamental. If the attorney recommends a specific chapter of BK, then do as above, ask for the pros and cons, risks and benefits. But if you choose the option that attorney is not recommending, they don't have to do it for you. And YES, the attorney can fire you (for any reason, really).

            Attorneys are not indentured servants. You have a contractual business relationship with your attorney and that relationship is bound by contract law and the rules of professional ethics set out by the state supreme court of each state.

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              #7
              HHM, as always that is excellent advise. Thank you. I'm not wanting to go against my attorney's advise, but there are certain things I just feel more comfortable with then others.

              So, if it comes that he/she say's I think you should do this, I can question why it's best to do that, but are they willing to go forward with me, should I not use that advise. What I wonder is, has anyone done that, and have the outcome (with that lawyer) be in their favor.
              In a perfect world every dog has a home, and every home has a dog.

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