Is 11 months waiting for atty. action a bad sign?

[paradise]

Eleven months ago I met with and paid a "store front " lawyer for what was to be a Chapter 13 bankruptcy in Mass., to include a second mortgage strip. Wife and I are 64 yo about 80G in cc debt, 2 houses, one is 75G underwater, w/ 75G 2nd mortgage, the other house is residence and homesteaded, worth 125G, mortgage is 150G( the differential is tolerable). We were sued and (as told) I replied with denials, court mediation is a week away and I am clueless about any of that. Foreclosure is promised for next month. Have I been "dumped" ? Is this rare? How does one find a lawyer that is obligated to it"s clients?
My schedule is wracked, but I will check back each day for reaction or response, i.e., I do not know what to think. Thanks.

[lillymarlene]

paradise, that is awful! Did you pay a full retainer to this attorney, and or sign something? Have you tried to keep getting in touch with him or her?

How does one find a lawyer that is obligated to it"s clients?

I do not know if this will help now, but before I filed, I called at least 5 different ones, and met with 3 FTF. I went with the 3rd one that I met with in person, because something just "clicked." He was also recommended by another lawyer, who had done some work for my family. Sometimes it just seems "safer" when hiring any professional, if you can just get some type of refererences. Then, my attorney was one of the most expensive of the bunch, but I can say he has been worth every penny.

I notice you're from Massachusetts, too, and I really hope you are able to resove this. Good luck.

[AngelinaCat]

Paradise, welcome to the Forum, but in my opinion, you were 'took'.

Please give more details about your situation so that the members can respond with suggestions/recommendations. For my part, you need to consult with at least three bk attorneys--NOT storefronts, or BK mills.

My very best wishes go to you~~~

[despritfreya]

Eleven months ago I met with and paid a. . . lawyer for what was to be a Chapter 13 bankruptcy. . . to include a second mortgage strip. . . We were sued. . . I replied. . . court mediation is a week away and I am clueless. . . Have I been "dumped" ?. . . How does one find a lawyer that is obligated to it"s clients?. . .

Ok, I am going to go out on a limb here since the above scenario happens more than one would think.

Why have you not contacted the attorney?

I cannot tell you how many times "clients" pay either a partial or full retainer and then disappear. It is not my responsibility/obligation to track the client down. If the client wants my services they fill out the worksheets, call the office and set an appointment.

It is nearly 1 year after you paid the attorney. What is conspicuously missing from your post is a rundown of your attempts to communicate with your lawyer over the past year. This tells me that you dumped the attorney, not the other way around.

Now, if you have been attempting communications and those attempts were not successful, demand your money back and contact the State Bar to file a complaint otherwise, please pick up the phone and call your attorney.

Des.

[lillymarlene]

There are just so many different personalities of people who are bk attorneys. The lawyer I ended up choosing, definitely does not have a warm "hand holding" personality. In fact he seems to be a tough "no nonsense" type, but very knowledgeable. I had to convince him to take my case. Then last summer, about a month after paying him, and my big "financial misdeeds confession" there was just silence. So I just called him to see what was going to be done, and/or did he need any other documents from me, which started things moving again.

Then meanwhile, this other attorney that I had met with on a free consult kept calling and leaving messages. The first one I had met with, too, also sent me this nice letter about how he looked forward to working with me. I had to call them both and tell them I decided to use a friend of the family. It was like rejecting potential suitors, I guess. :-)

However, if I have to get in touch with my attorney, he is fairly fast about getting back to me, often within 24 hours. E-mail for some things works best, since both of us can use that at any time.

paradise, I think Des is right, you probably just have to try harder at getting in touch with that individual.

[paradise]

Thank you for response, because this is as close to a "reality check" as I can get.
I have every few weeks filed copies all current financial info , like pay stubs, bank info, tax and cost bills, etc. I have asked each time for an estimated time as when filing will happen and each time the reply is that a small detail will be cleared and the filing is otherwise imminent. My few (also clueless) friends assure me my angst is groundless but they are weary of hearing about it.
It is my fault. The state bar only tells me the lawyer is actually one, has no confirmed complaints and no malpractc insurance. A few other attys that I have contacted tell me I must sever the worrisome atty before they will consider me as a prospective client. I sense I am sort of locked out of the system unless I cut the tie (paid full fee) and attach myself to to a new "knight". We signed a lot of blank pages, also I am the opposite of being a confrontational personality. Reluctantly, I think I am rolled, and " access to the law" is, in fact, low for us commoners. Meanwhile, with dumb luck, we have some existing protections if I can exercise them. I will try again to get another atty. BTW, I sincerely offered a few times to pay more for any action/results. The reply was always that such was not needed. So maybe the gist is that any idiot who will hang-on for months must be discarded.

[despritfreya]

Paradise,

Your new information clearly demonstrates that you did not abandon the attorney. It sounds like the attorney has dropped the ball. You do have a right to fire him and, depending upon how the fee agreement reads, demand at least a portion of the "unearned" retainer back. Regardless of the fee agreement you have the right to dispute with the State Bar his entitlement to keep fees not properly earned due to services promised but not rendered. While the State Bar shows no "complaints", you should check with the US Trustee to see if this attorney has a history of issues relating to bk representation. Many times the US Trustee will "police" attorneys and demand disgorgement of fees paid but not reasonably earned.

At this juncture, if you feel you cannot get proper representation it is time to move on. Find another attorney. If it means "firing" the one you "have", then do it. You need to clean up your financial issues and doing nothing is not going to accomplish this.

Des.