Average time for an attorney to respond

[mountanddo]

I sent my attorney an email with a few questions after I tried to get a hold of her on the phone several times. I work in a call center and don't have the luxery to take calls at any time. When I called her back she was never there. She didn't respond to my email until I called and got very exasperated with the receptionist asking her to have my attorney at least leave me a message WHEN she would be available for a phone call.

So she responded with a short email just answering one of my questions. The next day I received an email from her legal assistant saying she heard I had questions so if I wanted to email her maybe she could answer them. I forwarded the email I had sent to the attorney on November 7th. It is now one week later and I haven't heard from her yet.

I am getting VERY frustrated with the service I am getting from this attorney. I only had to pay the filing fee and will pay the $2500 chapter 13 fee in my plan. My questions probably won't affect the outcome of my plan but I would still like the answers. It's really too late in the game now to switch attorney's as I don't have any more money.

If I call and complain or send an email asking for them to respond to me will that make her less willing to coroperate with me. I don't want to do anything to make them LESS responsive than they are now. I am getting to the boiling point each day that goes by without a response. Granted, I haven't actually given her any money yet but it will be in my plan so I still feel I am a paying customer.

[HHM]

I only had to pay the filing fee and will pay the $2500 chapter 13 fee in my plan

Honestly, that is the problem. With that sort of arrangement, the fact that the attorney responded at all is a miracle. There is no free lunch, you want service, you need to pay. You don't want to pay, you don't get service. The attorney hasn't been paid to do the work, so, why should she respond. Unfortunately, too many debtors, like you, find out that hiring the cheapest, or most cost effective (e.g. filing fee up front, roll all fees into the plan) doesn't actually meet your needs or expectations.

Also, with cut rate attorneys, and for BK attorneys general, their job is to represent you in BK, not educate you about BK.

[mountanddo]

Honestly, that is the problem. With that sort of arrangement, the fact that the attorney responded at all is a miracle. There is no free lunch, you want service, you need to pay. You don't want to pay, you don't get service. The attorney hasn't been paid to do the work, so, why should she respond. Unfortunately, too many debtors, like you, find out that hiring the cheapest, or most cost effective (e.g. filing fee up front, roll all fees into the plan) doesn't actually meet your needs or expectations.

Also, with cut rate attorneys, and for BK attorneys general, their job is to represent you in BK, not educate you about BK.

Well unfortunately, I don't make enough money to pay an attorney outright. You make it sound like I chose not to pay an attorney. I've been living the last two years on a skeleton budget as it is. If I waited until I had the money saved up they would of garnished my wages and then I would literally be homeless because I wouldn't be able to pay my rent. I didn't have an alternative or I certainly would of opted for that instead. But thank you for pointing out that I am so broke that I can't afford to file bankrupcy. I appreciate your empathetic response.

[panda]

Wow, that was not real helpful at all. What is with the personal attack here? I have always felt that people come here to learn, no one has any clue what is right or wrong in this situation, so they are hurting, and looking for answers.

My goodness, what does a little politeness cost anyone. I am getting real tired of this attitude and I wish things would at least go back to when people helped each other, if even just a little, because it is the right thing to do.

Remember, just because you may know the answer to a question, does not give you the right to be mean with your response. If you don't want to respond, then don't respond, but if you do respond remember that some of these people are just getting there legs back under them and need some help.

[mountanddo]

Honestly, that is the problem. With that sort of arrangement, the fact that the attorney responded at all is a miracle. There is no free lunch, you want service, you need to pay. You don't want to pay, you don't get service. The attorney hasn't been paid to do the work, so, why should she respond. Unfortunately, too many debtors, like you, find out that hiring the cheapest, or most cost effective (e.g. filing fee up front, roll all fees into the plan) doesn't actually meet your needs or expectations.

Also, with cut rate attorneys, and for BK attorneys general, their job is to represent you in BK, not educate you about BK.

I just wanted to add that I signed an agreement that states the attorney would represent me in a bankrupcy. It didn't state that since I am paying her through my plan that she will give crappy representation unless I pay up front. I agree that it isn't any attorney's responsibility to educate me on bankrupcy, however it IS her responsibility to educate me on MY bankrupcy and the email was questions about MY case not general bankrupcy questions. The fact that I am paying her through my plan is irrelevant to the level of service I deserve in IMO.

I suppose you feel that people that need to have public defenders for attorney's deserve to go to jail because they couldn't afford to retain an attorney on their own? Not everyone has the means to "plan" for their bankrupcy. Some of us are actually broke. Moderator or not, this was a rude response and uncalled for.

[HHM]

Take a chill pill panda...first and foremost, we tell things like we see them, and sometimes that is not what people want to hear, and second, sometimes posts are designed for "other" readers, not just the OP. This is a perfect example of why people need to be careful in hiring an attorney and understand the pitfalls when you let your pocket book decide who you hire. Frankly, if you are in a chapter 13, you CAN afford an attorney and pay some amount up front. The problem here is unrealistic expectations (and the attorney doing a poor job of setting expectations).

As you point out mountanddo, you and your attorney, apparently, disagree on what it means to "represent" someone in bankruptcy. Ethically, all it means is to handle the case, answering your questions, especially if not relevant, from the attorney's perspective would not fall into that category. Your attorney is your attorney for your "case", not your counselor, psychologist, friend, or teacher.

Having said that, the attorney should respond in some manner, but at the same time, it is not clear what you can really do about it. However, as word of advice, EMAIL is the WORST way to attempt to communicate, since phone seems to have already failed, try a written letter. But at the same time, you already said the information is not that appointment. What is the "result" you want...if you get answers, what will that allow you TO DO that is different than the path you are already on? If nothing, then the questions are irrelevant aren't they?

But let's face it, you are expecting top notch representation and service, but unwilling to pay for it, what do you want? Yes, unwilling...the reason I say that is there is no such thing as a "true" emergency in bankrutpcy, there is only poor planning and denial of ones financial circumstances. If someone waits long enough to be garnished, that is just denial, if someone waits to the week before foreclosure, that is just poor planning.

[mountanddo]

Ethically, all it means is to handle the case, answering your questions, especially if not relevant, from the attorney's perspective would not fall into that category. Your attorney is your attorney for your "case", not your counselor, psychologist, friend, or teacher.

I don't think anywhere did I say that I was asking irrelevant questions. I emailed with specific questions relevant to MY case and my current situation. Never asked that she be my psychologist.

If you think that everyone in a chapter 13 can afford an attorney then YOU are living in denial. Come on back down to the real world. Frankly many people think people should pay their debts too but that isn't the reality either or their wouldn't be forums like this.

[HHM]

I don't think anywhere did I say that I was asking irrelevant questions. I emailed with specific questions relevant to MY case and my current situation. Never asked that she be my psychologist.

If you think that everyone in a chapter 13 can afford an attorney then YOU are living in denial. Come on back down to the real world. Frankly many people think people should pay their debts too but that isn't the reality either or their wouldn't be forums like this.

If you CAN'T afford to pay an attorney, then you have no business being in chapter 13. Think about it, a chapter 13 requires actual disposable income or the manufacture of some amount of disposable income; if you can do that, then you CAN afford an attorney. There is a reason chapter 13's have such a high failure rate, unrealistic expectations (e.g. trying to hold onto something the debtor really shouldn't be, a too expensive house or car) and an inability by the debtor to actually manage their money. But if you have disposable income for a chapter 13, you CAN afford an attorney, if you can't, then you really shouldn't be in a chapter 13, it really is that straight forward, and have yet to see or hear of an example that doesn't prove that axiom. The attorney's that charge minimally upfront for a chapter 13 are actually doing their client's a disservice, because they are ending up in BK's with almost no chance of succeeding (statistically). The upfront attorney fee, in essence is a test for the debtor, if you can't raise the money to pay 1-2K up front, then the odds of actually succeeding in the chapter 13 are practically nil.

[mountanddo]

Well, I appreciate your insight. Maybe I'll have to kick my heroin habit and have more income to pay an attorney upfront. Food for thought.....

[shark66]

Slightly off-topic here...

You don't own a home.

You're flat broke from what I'm gathering.

What are you doing in a Ch. 13 in the first place?

Good luck to us all.

[mountanddo]

Basically I just wanted to know how soon an attorney should reply to their clients, paying up front or not. I obviously got my answer

[BKAttyMI]

Although this is a pointless response, I would like to back up some of what is being said.

I've answered question after question from potential clients, only to have them go down the street to cheap Joe Schmo attorney. After they've hired Attorney Schmo, ask him a few questions that he can't or just doesn't bother to answer, I will occassionally get phone calls from them asking ME to answer the questions! Sorry buddy, Mr. Schmo is the one getting paid to help you, if you'd wanted my level of knowledge and service, you should have set up a payment plan to hire me.

E-mail is the best way to get hold of me, I respond 7 days a week to emails from clients, but I realize that is definitely not the norm.

[HHM]

Basically I just wanted to know how soon an attorney should reply to their clients, paying up front or not. I obviously got my answer

Again, another red flag for an attorney, did they TELL you how to effectively communicate?

Baring a predetermined standard (e.g. one explained to you by an attorney), the 1 business day rule is reasonable. Your communication should at least be acknowledged within 1 business day. So, if you email on Tuesday, you should get some sort of response by close of business Wednesday.

Depending on the nature of your questions, it may take longer to get you an "answer", but the communication should be acknowledged within 1 business day (usually same business day), but if the question is, what is reasonable, 1 business day.

[kmattin]

Maybe, without giving out personal details, you might ask the forum to help you out. I found when I was preparing for my CH13, the forum was a great source of experience, strength and hope. I would be willing to bet that if you really spent time working your way through the different areas of this forum, you will find similar situations and the answers you seek. Asking for help here is easy and rewarding. We are all in this together and our experiences although varied, are all on the same path. Give it a try. Ask and you will receive.

[mountanddo]

Maybe, without giving out personal details, you might ask the forum to help you out. I found when I was preparing for my CH13, the forum was a great source of experience, strength and hope. I would be willing to bet that if you really spent time working your way through the different areas of this forum, you will find similar situations and the answers you seek. Asking for help here is easy and rewarding. We are all in this together and our experiences although varied, are all on the same path. Give it a try. Ask and you will receive.

I'm not really understanding what this has to do with my question. In fact I DID ask and I didn't get an answer to my very straightforward question until after pretty much everyone chastisted me for being stupid enough to hire an attorney and pay her through my Chapter 13. I'm sure that out of all the people on this forum I am certainly not the only one that has had to pay their attorney this way though I doubt they would identify themselves after they have read this post.

You state that everyone that is in a Chapter 13 has money to pay an attorney up front. Since you don't know everyone's circumstances to make a sweeping comment like that is ridiculous. I would of loved to be able to afford to pay an attorney up front however, that was not possible nor would it have changed my plan in any way.

I did not hire Mr. Joe Schome cheapo attorney. In fact I went to the top bankrupcy attorney firm in Minneapolis. There were other attorney's that were cheaper, half the cost actually.

I lost my job a year and a half ago due to medical problems. I had been unable to find permanant employment and ended up work temporary jobs at half the salary I was making. So I didn't have the luxury of not paying my credit cards and "saving" up for an attorney because I didn't have the money to pay them in the first place. I spent the time in between temporary jobs catching up on bills because most of my money went for rent. I also had some repairs on my car so that took money too. Also, I didn't get paid as a temp for holiday's or if I was out ill.

I am filing Chapter 13 because due to a business failure 7 years ago I ended up filing Chapter 7. Because I am now being sued by Captial one I am filing now because if I don't they will garnish my wages 25%. If they did that I would be unable to pay for my basic living expenses and I can't wait a year before I qualify for Chapter 7.

My DMI is $100 and my I finally landed a permanant job now that provides free health, disability, life insurance and provides PTO and holiday pay. They also contribute 10% to a 403B plan.

You can make all the predictions you want about the success or failure of a Chapter 13 and I'm sure the statistics support that. I've spent the last year and a half struggling to makes ends meet and not end up homeless. I think I've done a damn good job of it. I didn't have the opportunity to live in my home rent free for 2 years or purchase food and household goods to last 6 months. Trust me, if I could of "planned for my bankrupcy" I certainly would have.

Until you have walked in my shoes please don't ASS U ME that you know what I can and can't "afford".