Question regarding lawyers for BK

[freshstart40]

Good Morning all -
we have been considering filing chapter 13 based on being behind on our mortgage, denied modification (after approval), etc. We met with three different attorneys and paid an initial retainer ($300) to the one we thought was the best fit for us.

I'm getting together all of our information, etc. and emailed the attorney's office to see if we could set up a time to meet after we brought them all of our paperwork, numbers, etc.

My husband spoke with them (call returned only after two emails and two phone calls) and they told him that until we pay the $2000 fee in full, they wouldn't be able to analyze our situation/meet with us. Exact quote - "we're too busy to deal with all of the people who have paid in full so we can't meet with anyone who hasn't"

This rubs me completely the wrong way since we are on the fence about filing at all (not much in the way of cc debt to discharge, some other complicating factors) - primary reason for filing is to do a 2nd mortgage lien strip

He also pretty much said that if we pay them and then decide not to file, we wouldn't get our money back

Is this normal? I don't trust my instincts on these issues, but this just seems wrong. We're thinking of seeing about finding someone else that we can pay for 1 or 2 hours of time to analyze the situation before making a decision.

We haven't received foreclosure notice yet - it looks like mid-january at the earliest on that, so I think we have a little time, although with the holidays it may be more complicated

What do you guys with experience think about this?

Thanks so much! This forum is a huge help to me.

[JRScott]

Lawyers generally do keep any fees paid up to the point you terminate their employ. So yes if you paid in full then generally they would keep it, though sometimes a complaint to the bar association can get some or all of it back depending on circumstance.

If he's to busy to deal with you I suggest finding someone else, you really need someone you feel comfortable with as this is a stressful process.

[PacificBlue]

Um... though I would have a lot to post here, it maybe not the best advise. I did however get great advise on this (kind of) in another thread try this...

http://www.bkforum.com/showthread.php?t=49044

[freshstart40]

If it clarifies at all, we would pay them another installment when we give them the paperwork to review - I'm just not comfortable with paying in full before deciding whether to file

I am totally okay with paying for their time...

[DuncanLaw]

Attorney Fees and Time

As explained above, it is not uncommon for attorney's fees to be "earned when paid". This means, no refunds.

As to getting all the money up front...you need to call around and discuss your options with another attorney. Attorneys are usually required to be paid before they file bankruptcy (Ch. 13 has some exceptions). However, an attorney or someone from their staff should be willing to discuss your situation and guide you throughout the process.

If you have questions about whether this is the correct option for you I would talk to another attorney and NOT pay the attorney the full amount if they won't help you. If you pay that money you may not get it back...even with a complaint to the local bar. It depends on how their contract reads.

Best of luck on your situation.

[jribe]

I understand your frustration; but you have to realize that the attorney's don't have the time to spend on people that aren't sure, and won't be paying them. They do have their paying clients to take care off. It is a business after all. You wouldn't expect a doctor to run test for free, would you?
I think lawyers tend to get a bit of a bad rap, because they won't do everything for free. But i don't know anyone that would want to work for nothing.

Chapter 13's are more difficult and take more time for the attorney you chose.

I would recommend doing your own research, and see if that is really what you want and need to do.

Then find an attorney and pay the fees.

Good luck

Good Morning all -
we have been considering filing chapter 13 based on being behind on our mortgage, denied modification (after approval), etc. We met with three different attorneys and paid an initial retainer ($300) to the one we thought was the best fit for us.

I'm getting together all of our information, etc. and emailed the attorney's office to see if we could set up a time to meet after we brought them all of our paperwork, numbers, etc.

My husband spoke with them (call returned only after two emails and two phone calls) and they told him that until we pay the $2000 fee in full, they wouldn't be able to analyze our situation/meet with us. Exact quote - "we're too busy to deal with all of the people who have paid in full so we can't meet with anyone who hasn't"

This rubs me completely the wrong way since we are on the fence about filing at all (not much in the way of cc debt to discharge, some other complicating factors) - primary reason for filing is to do a 2nd mortgage lien strip

He also pretty much said that if we pay them and then decide not to file, we wouldn't get our money back

Is this normal? I don't trust my instincts on these issues, but this just seems wrong. We're thinking of seeing about finding someone else that we can pay for 1 or 2 hours of time to analyze the situation before making a decision.

We haven't received foreclosure notice yet - it looks like mid-january at the earliest on that, so I think we have a little time, although with the holidays it may be more complicated

What do you guys with experience think about this?

Thanks so much! This forum is a huge help to me.

[freshstart40]

Thanks for your feedback. I guess we'll have to try my next thought of getting someone to talk to us for their hourly rate before deciding. I'm not in any way trying to get them to do things for free - we've already paid a retainer and were preparing to pay the next installment - but I don't want to pay $2K for no work. I guess I'm looking for that zealous advocate. What I really need to know is if it's hopeless to find. I hope not.

[JRScott]

I wouldn't pay another installment until after you see another lawyer. Also see if you can get some free consults with another lawyer, some are more helpful than others in these and you might get a better idea where you stand.

[mummy]

Wow we had our first two appts for free and got tons of time and advice. Our attorney is even letting us give creditors their phone number. And we have not paid a dime. We can't file for another month.

If you have that feeling I would talk to another attorney.

[whipster1]

Find another attorney ASAP. Most attorneys will put the 13 fees in the plan to be paid out after a 1/3 or so retainer fee to file. He is trying to screw you.