Changed Mind on Lawyer!!!

[lbeck713]

First post......So I went to a lawyer in July for Chapter 7. Retained her and gave her $1000 (350 retain fee and additional 650). Her fee is $2500 +filling fee. She hasn't done any work except maybe 2 phone calls. Haven't really done any of the paperwork yet. Now if I found a different lawyer who is half the price, can I change my mind and still file with the new lawyer? And what are the chances of getting the money back -retainment fees? Thanks any help would be appreciated.

[justbroke]

You could hire a new attorney. You current attorney would give you an itemized billing of what s/he has earned so far. If they decide to bill you by the hour, please be aware that $250/hr is not unheard of for hourly billing. The attorney may have earned $500-$1000 already. You could always call the office and ask for an itemized bill... so see how much was spent.

Why the decision to change?

[lbeck713]

I just changed my mind cause someone recommended a lawyer to me whose is half the price. I am filling bankruptcy, I really don't have $2500 and I need to get this filled ASAP because I have a wage garnishment pending.

[justbroke]

I just changed my mind cause someone recommended a lawyer to me whose is half the price. I am filling bankruptcy, I really don't have $2500 and I need to get this filled ASAP because I have a wage garnishment pending.

Well, given that the attorney may have already earned $500-$1000, that idea, of saving 1/2 the price, may make this moot. You may want to ask how much the attorney has "earned" from the retainer so far. If you started with $350 and then they asked for $650 more... then the attorney may be close to earning the entire $1000.

The only way to know for certain, would be to ask.

[lbeck713]

Well actually its more then half...he's charging $1000...$700 and $300. I look at it as if she keeps the whole amount I am still saving $800. The original lawyer also wants me to fill out this packet of like 50 pages which I feel like then I am pretty much doing it myself. The other lawyer meets with you for about an hour, asks you a million questions, you give him your credit report and any recent bills you have and his turnaround for filling is within like 3 days. My friend liked him and had no issues. My main concern was I thought I read somewhere that you can't change your lawyer or something. I was just verifying this because it didn't seem true and I figured if anyone knew...it would be the people on the BKforum. Thanks justbroke!

[justbroke]

You can change your attorney. Whether changing the attorney when they may have already earned $1000 in fees, is another question. Be aware that in many circumstances that you get what you pay for when it comes to Bankruptcy attorneys. One sounds more details and the other less detailed. Each has a particular cost.

Whether one attorney is better for you over the other is really subjective. Many times, it's a matter of how complex your case is combined with how much property you own (houses, cars, furniture, appliances, clothing, livestock, etc.).

[Drazil65]

You might also consider that the filing fees are probably outside the $1000 attorney fee as well as little extras that come up. How many free consults did you go to before deciding on the one you retained? I ask because that is the place you find out whats included and whats not as each attorney is different in what they include. Its not unusual to have to fill out the packet yourself and as Justbroke mentioned already sometimes you get what you pay for. Find out how familar this other attorney is with the system, does he do chp 7 often (some attorneys have more experience with one chapter over another in case something comes up at the 341). Its never as easy as "paying and then handing everything over to him". Are you ready to file now? Have you planned out everything like your bank accounts, CC usage, house payments, car reaffirmations, any lawsuits etc., be sure to look at the whole picture. Good luck with your journey.

[HHM]

Honestly, I'd be a little leary of any attorney that only charged $650 or $1000 for a BK, recommended or not. Unless the attorney is an idiot, there is NO WAY that attorney spends any time on the case. I can practically guarantee he gives it to the paralegal who does 95% of the work and the next time you "might" see that attorney is at the 341 meeting. Very risky.

Also, as was pointed out, if your current attorney has done work, odds are, you are not going to see a refund, so any savings might be moot.

[BKAttyMI]

We do not do attorney fee refunds, we do return un-used filing fees, the reason being that most of the work is done right after the money and documents are received. We put this in our fee agreement.

You will get what you pay for with attorneys, if this attorney is having you fill out a questionnaire, it indicates they are very thorough. No one said filing bankruptcy would be easy, getting debt wiped out does involve some work on your part, it's a small price to pay for the benefits.