Terminating your Attorney

[nohope]

I filed using an attorney last week. A couple of things have happened that cause me concern. Is it possible to terminate your attorney and hire another?

[despritfreya]

Yes, you can fire your attorney. Can you hire another one. . . Yes if you find one willing to take over the case and can afford whatever retainer he/she wants.

If you want to fire the attorney simply send him/her a letter indicating that you no longer wish to have him/her continue in the representation. He/she will draft a Motion to Withdraw as Attorney of Record, have you sign it and then he/she will file it with the Court. Within days the Judge will sign an Order approving the Motion.

Des.

[discouraged]

My attorney right up front told me that there would be no refunds if I decided I did not want to go through the bk after the work was done. He made me think and make sure this is what I wanted to do.

[nohope]

so it would seem that one should find a new attorney before firing the other. It would also seem that a portion of the retainer paid to the first attorney should be refundable. As I indicated, I filed just last week.

[despritfreya]

so it would seem that one should find a new attorney before firing the other. It would also seem that a portion of the retainer paid to the first attorney should be refundable.

Yes, you can find an attny before firing the one you have. In that case, the new attorney would prepare a Notice of Substitution of Counsel for both the old and new attorneys to sign.

As to the return of any portion of the retainer that will turn on the fee agreement and the amount of work put into the case before filing. I can tell you that the amount of work I put into a case before a case is filed pretty much covers the up-front retainer and in a situation like yours, no $$ would be returned - however, I bill on an hourly rate where most (but not all) bk attnys work on a fixed fee.

Des.

[HHM]

Let's back up, what exactly has happened that makes you think you should fire your attorney?

[nohope]

I left their office (last week) without a copy of the retainer or any paperwork - was told they were filing electronically that day or the next and I would receive the case number in the mail from them as soon as they received it back from the court. I have received nothing. There is another issue I just learned of that I am not comfortable to put on this forum at this time but it is quite suspicious.

[despritfreya]

I left their office (last week) without a copy of the retainer or any paperwork - was told they were filing electronically that day or the next and I would receive the case number in the mail from them as soon as they received it back from the court. I have received nothing. There is another issue I just learned of that I am not comfortable to put on this forum at this time but it is quite suspicious.

1. Under the Bk Code an attorney is required to supply you with a complete copy of the Retainer Agreement within 5 days of your initial meeting. In addition, he/she is required to supply you with a complete copy of the documents filed with the Court. Go to his/her office and get what you are entitled to.

2. We all understand you reluctance to post details but, since you have been a member of this board since 10/09, you already know that we have your best interest at heart. When you are comfortable and/or the timing is right, feel free to post the issues (even if in "generic" terms).

Des.

[HHM]

The thing is, if the case has already been filed, you might as well ride this thing out (you won't get a refund, and very few attorneys will jump into an already filed case). The end result you need is the BK discharge. Even the 60% of BK attorneys that are incompetent can usually get a BK discharge, where they fail is "maximizing" the benefit and minimizing the risks to the debtor.

Most attorney/client problems are usually not worth firing your attorney (however, if you made a poor choice in who you hired, i.e. hired the cheapest attorney you can find, that fault lies with you), the issue is poor communication; but most of the time, you will get the end result you are looking for despite the fact that the attorney didn't take the time to set expectations or prepare you for the next steps in the case.

[nohope]

It's an ethical concern.

[BKParalegal]

I guarantee you most attorneys will not take over your case at this juncture and if you have a bad attorney then they definitely won't. I am confused about not receiving the retainer paperwork, generally when you hire an attorney they give you the contract and the paperwork to fill out at that time. In regards to getting a copy of your petition, attorneys have a variety of internal processes, but most will give you all of your paperwork at your 341 meeting.

Good Luck!

[nohope]

Seems to me one should get a copy of what was submitted prior to a 341 meeting. How long does it take to get a case number?

[BKParalegal]

The case number is instantaneous but what good is it to you to have it immediately, the court is sending the case info to all of your creditors and even if you had it to give to them, they will still want proof.

[BKAttyMI]

It takes at least a week for a debtor to receive information from the court regarding their 341 hearing date and case number. I do not give out case numbers until my clients receive this document. I do, however, give my clients a copy of the fee agreement when they sign it on the spot. I do not provide a copy of the petition to my clients unless specifically requested, for the sole reason most of them do not want it and/or will not understand it. I do go over the petition thoroughly at the signing meeting.

[nohope]

BKAttyMI - can you clarify "go over the petition thoroughly at the signing meeting"? Thanks