Have you ever "fired" your attorney?

[Wunsche]

I've been working with an attorney who has been pressuring me for payment, even though I've stated that I won't be ready to file for at least 3 months.

This lawyer has been demanding that I pay a little over $1,800 as soon as possible. When I stated that I couldn't pay that amount right away, I was told that I need to pay at least half.

This person knows how much money I have in my savings account (not a lot, but enough to cover the attorney fees), and is pretty much demanding that I transfer the money from my savings to my checking account to pay him. I've explained to him that I'm looking for a new home, and cannot afford to pay him the full amount right now since I'll need money for the deposit on my new place.

I've spoken with other attorneys in the past, and they all seemed to be willing to negotiate or accept monthly payments. They said back then that they won't file until I pay the full amount, but they didn't pressure me for payment or stated that I had to pay the full amount upfront. These attorneys answered several questions that I had and didn't pressure me for payment once.

Now the other one has even stated that "I even worked on your case over the weekend", implying that I had requested that, which I never did. He worked on my case on the weekend due to his own choice.

I'm considering asking him to send me a final bill for the hours he has worked on my case and dismissing him.

Has anyone ever been in a similar situation?

Any thoughts?

[keepmine]

Have you signed a retainer agreement?

[Drazil65]

Unless you signed something retaining him as your attorney then consider this your free consult (as long as he does free consults as most do). We had consulted with 3 of them before choosing and the one we ended up going with actually did answer some additional questions right before we signed. But we did sign with him right after that, he never asked us for any money for the extra "3" questions (all related to one another on subject matter and did not need research for him to answer).

[LadyInTheRed]

Actually, in California, an attorney does not have to have a written retainer agreement if fees are under $1,000. So, the question is whether the OP agreed to pay for the services rendered, not whether there is a written agreement.

Wunsche, there is no reason you have to continue to use this attorney. If he claims you owe him something and you agree, then you can pay him. If you don't pay him, his fees will be discharged in you BK assuming he doesn't object to discharge claiming you somehow defrauded him.

[bcohen]

The fact that this attorney is pressuring you for payment is a bad sign, and I would run as fast and as far away ASAP! When I considered filing for Chapter 7 back in January of 2010, I attended free consultations with 3 attorneys in an effort to determine if I should file, and what the costs would be. All 3 attorneys made it very clear that they could not file until their fee was paid in full, however, I could pay the fee over a long period of time if that would be necessary. Also, in order to actually retain the attorney, a contract would have had to be signed. (I ended up not filing at that time, because the lawsuit I was facing as a co-defendant along with my former employer ended up being dismissed.)

I suggest that you politely but firmly inform this attorney that you are no longer interested in using his services, and that you will not be paying any more money for alleged "overtime work" which you did not request. If the attorney threatens to bill you or send the bill to collections, don't sweat it. When you eventually file for bankruptcy, you would simply include this attorney as a creditor, and the debt will be discharged.

BTW, unless you own real estate, or have investments or other valuable assets which you need to protect, it is very possible to file for Chapter 7 pro-se. I filed my Chapter 7 case back in April of 2013 after being successfully sued by a law firm on behalf of Discover Card. I did not use an attorney, and it was not too difficult. Even the judgment from Discover Card was discharged without any problem.

[Wunsche]

Thank you very much, Everyone! I really appreciate it.

I just realized I may have made a huge mistake. During our meeting, the lawyer pressured me to sign documents that had information about my debt. He said I needed to sign some documents to authorize him to create a plan for me in the computer.

He also asked me to sign another document to authorize him to pull my credit reports.

Well, I just looked at the documents again and one happened to be the retainer agreement. I had no idea I had signed a retainer. It was an honest mistake. He never during our meeting said "this is the retainer. By signing this, you are retaining me, blah blah blah." He pretty much gave me the document to sign with a few other documents that he said I needed me to sign in order for him to determine my payments, etc.

Also, I just realized that the retainer agreement that I signed by accident or lack of knowledge is a 2-page document. The documents that I signed were all 1-page documents. Well, my guess is that he added the 1st page after I signed it and stapled the two pages together. Interestingly enough, the words "Retainer Agreement" can only be seen on the first page, which is not the one I signed.

I've never had to work or retain a lawyer in my life, so I wasn't aware of the process. I feel like he took advantage of my lack of knowledge.

Anyway, I think I'll send him an email and let him know that I'd like to discontinue his services. I'll also look for another attorney, and make him aware of my issues with this guy.

I feel very stupid and naive right now, but I honestly had no idea I was signing a retainer. I should have looked more closely at the documents. I remember he gave me documents to sign while he was explaining my options to me, so he made sure I was asked to sign those documents while I was paying attention to his "speech" and not so much to the documents.

I feel used and naive at the same time.

[Drazil65]

Whether you are signing documents with an attorney or anywhere else for that matter, you should make it a habit to always read what you are signing. Good lesson for the future at least.

The attorney did not use you or pull one over on you (even if the document signing was hurried or inadequate), the onus is on you to read what you are signing and also to research and be knowledgeable to a certain extent. Take some time and research a little and become aware of the process, know what to expect, become familar. You owe it to yourself and it is your responsibility ultimately.

[BKAttyMI]

I'll play devil's advocate from the attorney's side...there is nothing more time consuming, disheartening and annoying than someone that you answer endless questions for while they promise to "pay you when they have the money". Only to have them run to the cheaper guy down the street once they do have some money and have all of their complicated questions answered by you. I once had a woman that I answered several complicated homeowners association questions for in her case, I mean long long emails from and to her. She called me several weeks later to "thank me for my time, but she was going to use someone that worked close to her house." Okay lady...you do realize how much time I just spent on your case with the promise of being paid? THEN, about a month later, she called ME back and had the gall to ask me yet more questions because "her attorney was giving her different advice". I didn't bother responding.

[AngelinaCat]

Yes. we did try to fire our attorney because of her ineptness. But we were too far into the process, and the judge advised us against it, saying that it would delay our Discharge.