Unresponsive attorney - should I get a new one?

[wellnowwhat]

Let me preface this by saying that I'm a fairly anxious person and I need to emotionally/psychologically have my hand held through major events such as bankruptcy.

I recently paid to retain an attorney after doing some research on the web and finding that he had very positive reviews from clients and colleagues. I met with him for an initial consultation and he outlined his fees and what the process would involve. I felt fairly confident that he would handle the case well, so I paid $400 up front to retain him, $100 of which is nonrefundable.

After that initial consultation, however, I feel that things haven't been going all that well. I've had questions about filling out the forms he gave me and they're usually met with short responses and it takes awhile to hear anything back. I sent an email last week requesting a brief conversation to go over what I need to do next and I still haven't heard anything back, and I'd really like to discuss what I need to do and make some time to go in and make sure I'm handling all of the paperwork properly.

Is it normal for responses to take this long? I know that I'm probably being overly anxious about it, but should it take a week for me to hear back about some fairly simple questions? Should I consider changing attorneys if this bothers me so much? Has anyone else ever experienced something similar?

[AngelinaCat]

Let me start by saying that for many of us posters, we initially went hunting and found this site because we were not satisfied with our attorneys.

With that said, let me caution that if you had good reviews for this person and the staff--if any--you probably are okay and are over-worrying. I know you have a new baby on the way, and that has ratcheted up the worry factor. Remember, that to you, this BK is an OVERWHELMING event. The attorney, on the other hand, has several hundred clients JUST LIKE you, that are in varying stages of progress and worry. So the staff may not get back to you immediately.

Meanwhile, come here and ask questions about the forms and we will do our best to help.

If you still want to discharge the attorney, do it now before anything is filed with the court that has his/her name as attorney of record. If you wait until after your paperwork is filed, then you will have to petition the court to discharge the attorney and substitute another, or yourself, in his/her place. You likely will not get any of the retainer fee back, or any other money that you may have paid in. Check your contract for details such as these.

Good luck!

[wellnowwhat]

Let me start by saying that for many of us posters, we initially went hunting and found this site because we were not satisfied with our attorneys.

With that said, let me caution that if you had good reviews for this person and the staff--if any--you probably are okay and are over-worrying. I know you have a new baby on the way, and that has ratcheted up the worry factor. Remember, that to you, this BK is an OVERWHELMING event. The attorney, on the other hand, has several hundred clients JUST LIKE you, that are in varying stages of progress and worry. So the staff may not get back to you immediately.

Meanwhile, come here and ask questions about the forms and we will do our best to help.

If you still want to discharge the attorney, do it now before anything is filed with the court that has his/her name as attorney of record. If you wait until after your paperwork is filed, then you will have to petition the court to discharge the attorney and substitute another, or yourself, in his/her place. You likely will not get any of the retainer fee back, or any other money that you may have paid in. Check your contract for details such as these.

Good luck!

Okay, I will try to improve my ability to remain patient. He has REALLY good reviews on the web, and he does seem very competent in handling my case. I'm just anxious to keep the ball rolling. I'm also a project manager at work, so that may be part of why I get irritated when I don't hear anything back.

[TheBajan]

Hello there,

First let me say that I too am a bit of an anxious personality in these sort of events. It takes a lot for me to remember to calm down an be rational. It would set off alarms in my head if I were experiencing the lack of response to simple inquiries. Having said that, I also need to say that we interviewed several atty's before choosing one and the one we did choose is excellent. I would recommend him to anyone in my area. He's not perfect though. One of the things about him that USED TO cause me some anxiety is that he doesn't return my phone calls or emails right away. In fact, in order to talk to him, I have to call his office two or three days in a row and request to be put on hold rather than wait for a call back, In the pre-filing stage he was much better about getting back to me and I was still anxious. After I found this site, and being 16 months into my BK, I realize how very fortunate I am to have the atty that I do. I've learned to be confident in his expertise and I know what to expect so when he doesn't call me back right away, I don't worry.

Right now, you are only $100 invested in this atty and it sounds like you are not sure he/she is the right choice. If this is an issue at this stage, it's safe to assume it will get worse after you are fully invested in him. Only you can decide if this is something you are able to cope with. Only you can decide if this particular atty will benefit you enough to make it worth dealing with in this way. If not, find someone else and collect your $300. There are many BK atty's out there. You should feel comfortable with the one you choose.

Best regards,
The Bajan

[AngelinaCat]

I probably need to explain that my DH, AngelinaCatHub and I DID fire our attorney, for lack of response.

When she had her initial helper 'Sue' with her, we got responses to our questions and emails fairly quickly. But 'Sue' left and 'Adam' joined the team. After that all went downhill. We made a number of bad mistakes right before and during our BK, which need not have happened, had we gotten our questions answered, and the BK process explained properly.

She also was MIA action when the trustee sent a compromise to her to forward to us regarding one of these mistakes. The trustee ended up contacting US directly.

I won't go into all the details now, but if you want to read some of our travails, search on 'AngelinaCat' and 'AngelinaCatHub' back in 2008. We joined in April of that year.

[dgifta]

I fired my first attorney after paying her $100. Although I thought she was legally competent, I found her personality difficult, and I felt that BK was too important and potentially upsetting a process to do it with someone I didn't trust.
I then found another attorney I liked a lot. He did not always return calls promptly, but I came to understand that he was busy, and if it was crucial he would get back to me more promptly.
To me, the deciding factor, after technical competence, was comfort level. I simply did not want to do this with someone I didn't feel comfortable with.
I think there are enough competent and emotionally skillful attorneys to have both.
I wanted both.
Can you advise your attorney that you're a bit anxious about the process and it would help you if he responded within one day, and/ or you need things explained in detail? Make your needs known, stick up for yourself, in a polite way. This is the start of a new life, financially and maybe behaviorally also?

[tobee43]

every atty has a responsibly to communicate with their client period. no excuses for me. i would not tolerate an atty that did not communicate, or his office.

i know with our situation he had a para legal working with us, NOT happening, i had over 25 years legal experience and this person had no clue what she was doing. i contacted the office insisted a sit down. (she was so bad that when she sent the first copy of the petition she had an old address from over 30 years back that we have no clue where the hell it even came from). she listed our creditors incorrectly over and over. i was fed up. so i sat down with the atty said enough, i didn't pay for a para legal i am one, and could do a heck of a better job that what i'm seeing here. now can we work together or not. that was the last time the firm kept me waiting for an answer for more than an hour. however, i did most of the work, INCLUDING when the trustee contacted our atty prior to the 341 with a ton of questions i had to deal directly with the trustees office and insisted because i wanted it done right LOL!! of course it's the old saying if you want it done right you have to do it yourself. however, really after the point of our second meeting we worked well together minus the para legal. many have excellent staff many do not. i would find out who's filing your petition and see if there is someone working with your atty, maybe you can get more help that way.

remember they can only work with what you provide them. so you have also be a good client

[wellnowwhat]

I fired my first attorney after paying her $100. Although I thought she was legally competent, I found her personality difficult, and I felt that BK was too important and potentially upsetting a process to do it with someone I didn't trust.
I then found another attorney I liked a lot. He did not always return calls promptly, but I came to understand that he was busy, and if it was crucial he would get back to me more promptly.
To me, the deciding factor, after technical competence, was comfort level. I simply did not want to do this with someone I didn't feel comfortable with.
I think there are enough competent and emotionally skillful attorneys to have both.
I wanted both.
Can you advise your attorney that you're a bit anxious about the process and it would help you if he responded within one day, and/ or you need things explained in detail? Make your needs known, stick up for yourself, in a polite way. This is the start of a new life, financially and maybe behaviorally also?

I have indicated that I'm anxious and want to do my due diligence. He said he appreciates that I'm being as honest and thorough as possible with all of my paperwork, etc. I just always get the sense that he's extremely busy and somewhat flustered when I call, but that may be the case with every attorney given the work that they do.

I think part of it is my own discomfort, as well, as I'm not really not a fan of "annoying" people, and it makes me feel like I'm annoying him when I either don't get a reply or get very little time on the phone to discuss what needs to happen.

Also, he has said that one of his paralegals will be helping me with the paperwork side of things. I'm not sure if I should be feel comfortable with that or not.

[dgifta]

I feel the same way, I cringe when I think I'm bothering people, or making them go out of their way for me. There were a number of times when I agonized over whether to call my attorney a second time for fear of bothering him.

It sounds like you're handling it well, from what you wrote. You told him about your concerns, and it sounds like he responded with understanding, to his credit.

Keep sticking up for yourself, gently but firmly. Keep letting him know what you need. He sounds busy, like my attorney was also. I think that's a good sign.

This is such a major event is our lives, how could anyone be casual about it? It goes against the grain of everything I was taught, and yet I understand desperate times call for desperate measures. These have been truly desperate times we've all gone through, and thank goodness the founding fathers created this option for times like these.

You have every right to be anxious, who would not be?

[kornellred]

I remember having what I thought was a very important question for my BK attorney shortly after filing and before the 341 meeting. It had to do with the way he was handling things - I thought he was making a mistake. I went to his office and confronted him in person. He asked me if I thought that he could do my job (my regular occupation). I said yes, he could, but it would take quite a long time to get familiar with all of the duties the job entails. He responded by suggesting that I refrain from attempting to do his job for the very same reason I illustrated - and that I should go home and relax.

[wellnowwhat]

I remember having what I thought was a very important question for my BK attorney shortly after filing and before the 341 meeting. It had to do with the way he was handling things - I thought he was making a mistake. I went to his office and confronted him in person. He asked me if I thought that he could do my job (my regular occupation). I said yes, he could, but it would take quite a long time to get familiar with all of the duties the job entails. He responded by suggesting that I refrain from attempting to do his job for the very same reason I illustrated - and that I should go home and relax.

Yeah, my attorney has told me to relax and stop worrying. Even during the initial consultation he had an attitude of "Wow, this case is going to be easy."

I'm just the "answer guy" at work so it's hard for me to not have the answers outside of that!

[LadyInTheRed]

wellnowwhat, I saw the title to this thread, saw it was by you and thought, "wllnowwhat is anxious and probably asking the attorney a lot of questions". There is nothing wrong with asking questions. But, your attorney has many clients and can't always respond quickly to calls that aren't urgent. It is not his job to hold your hand through the process. Managing his workload effectively may mean that he can't return your call as quckly as you would like.

I suggest that instead of asking questions about how to fill out forms, you fill the forms out the best you can, erring on the side of providing more information than less. If you don't understand a question, say so in your answer. If something is unclear in your responses, he can ask you more questions later.

Also, he has said that one of his paralegals will be helping me with the paperwork side of things. I'm not sure if I should be feel comfortable with that or not.

There is nothing wrong with having a paralegal help. It is very common for a paralegal to handle the paperwork and gather the needed information from the client. Paralegals often are more detail oriented than attorneys and can be better at sorting through adn organizing all of the information you will provide. You may even find the paralegal to be more calm and more pleasant to deal with. Paralegals can be as knowledgeable as some attorneys and often help train new attorneys. As long as the attorney is available to answer questions that the paralegal can't, or to confirm what the paralegal tells you if you are not comfortable with a paralegal's answer, you should welcome the involvement of a paralegal.

As already suggested, try posting your questions here before calling your attorney. While there are things we will tell you to ask your attorney, we can often give you enough information to calm your immediate worries.

[wellnowwhat]

wellnowwhat, I saw the title to this thread, saw it was by you and thought, "wllnowwhat is anxious and probably asking the attorney a lot of questions". There is nothing wrong with asking questions. But, your attorney has many clients and can't always respond quickly to calls that aren't urgent. It is not his job to hold your hand throught he process. Managing his workload effectively may mean that he can't return your call as quckly as you would like.

I suggest that instead of asking questions about how to fill out forms, you fill the forms out the best you can, erring on the side of providing more information than less. If you don't understand a question, say so in your answer. If something is unclear in your responses, he can ask you more questions later.



There is nothing wrong with having a paralegal help. It is very common for a paralegal to handle the paperwork and gather the needed information from the client. Paralegals often are more detail oriented than attorneys and can be better at sorting through all of the information you will be provide. You may even find the paralegal to be a more calm and more pleasant to deal with. Paralegals can be as knowledgeable as some attorneys and often help train new attorneys. As long as the attorney is available to answer questions that the paralegal can't, or to confirm what the paralegal tells you if you are not comfortable with a paralegal's answer, you should welcome the involvement of a paralegal.

As already suggested, try posting your questions here before calling your attorney. While there are things we will tell you to ask your attorney, we can often give you enough information to calm your immediate worries.

I have definitely tried to keep my question-asking in moderation. I had a lot of questions the week after we had our initial consultation, but now I contact him once a week or less. Having you wonderful folks to talk to and help calm my nerves has definitely helped.

I actually just got off the phone with one of his legal assistants and she was extremely helpful. My main concern was "Will I have someone there to help me fill out the paperwork and make sure everything is in order?" and her response was that I could sit with the paralegal for a 2-hour session and fill out all the paperwork with her, so that's all I really needed to know.

Sorry if I'm being silly with all of this stuff. It's just quite nerve-wracking and a new experience for me. Again, I am greatly appreciative of everyone's insight and advice.

[AngelinaCat]

No, you're not being silly. You are worried and anxious, and I am sure "want-all-this-over-with-YESTERDAY!" That is normal. It takes a while to realize that this is a process, and isn't life or death.

[Pizza]

I have indicated that I'm anxious and want to do my due diligence. He said he appreciates that I'm being as honest and thorough as possible with all of my paperwork, etc. I just always get the sense that he's extremely busy and somewhat flustered when I call, but that may be the case with every attorney given the work that they do.

I walked into my attorney's office in early April, rip-roarin' and ready to go with all the stubs, bank statements, bills, tax returns, schedule J plug-ins and an itemized list of all our personal property (and probably some more). With all this stuff prepared, it seemed that the only work for the attorney should have been to transfer info to the forms and get us to sign paperwork and get it DONE! Well, not quite...

After much anxiety over lack of communication (which I covered in a previous thread here), he finally got us filed last Wednesday. I feel your frustration... we all want it over with ASAP, but realistically, it may take some time. We can see the date & time of our 341 meeting on the Northern District of Texas' Bankruptcy's website now with our name, attorney's name, trustee, and judge.

I think once the attorney receives the money and your case is "in the bag" so to speak, it becomes more of a cumbersome chore of routine paperwork for the paralegal and most of the attorney's attention shifts to hustling up more clients. I don't think it's anything personal, but our anxiety is really not a priority unless the attorney discovers something that draws his attention.