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[ImKnotNo-ing]

We filed Chap. 13 almost a year and a half ago. Anytime I need to contact my attorney, it takes at least 3 calls to the office and about a week before I get a return call.

2 weeks ago my wife and I lost about 6K a year because a part-time job we did together at our church decided to go a different direction. We also have an unexpected 1K in medical expenses.

To make a long story short, I have called my attorney 5 times since I found out about the job loss. It has now been 2 weeks and I still haven't got the pleasure off speaking to her.

I am 43 and this is the first time I have ever had to hire an attorney. So I am wondering, is this normal? Or do I have a lemon? Is it possible to change attornies at this point? I was told I can't even talk to another attorney about my situation. Can anyone help me out?

[lrprn]

We filed Chap. 13 almost a year and a half ago. Anytime I need to contact my attorney, it takes at least 3 calls to the office and about a week before I get a return call.

2 weeks ago my wife and I lost about 6K a year because a part-time job we did together at our church decided to go a different direction. We also have an unexpected 1K in medical expenses.

To make a long story short, I have called my attorney 5 times since I found out about the job loss. It has now been 2 weeks and I still haven't got the pleasure off speaking to her.

I am 43 and this is the first time I have ever had to hire an attorney. So I am wondering, is this normal? Or do I have a lemon? Is it possible to change attornies at this point? I was told I can't even talk to another attorney about my situation. Can anyone help me out?

It's not typical to have to consistently go through this much just to talk with your lawyer. Have you shared with her that you are frustrated at having to keep calling over and over? Have you tried making an appointment to see her face to face? It is true that bk lawyers can be reluctant to speak with you if you've already paid a retainer to another bk lawyer, but it isn't impossible. People have successfully changed bk lawyers mid-case before.

If you are having trouble making your monthly payments to the trustee, call the office and tell them you need an appointment to see her asap, because your income has changed and there's a chance your case could be dismissed for non-payment. You can also try dropping by your lawyer's office unannounced. It's harder to put you off when you are standing right there. Don't just keep calling - move the receptionist off the dime and get in to see your lawyer. She is your legal representation throughout your Ch 13 case, not just filing to confirmation. Good luck - hope the communications with your lawyer improve soon.

[AMISLANDER]

BK attorneys seem to fall into that catagory...

...they are hard to get a hold of, usually on vacation and the general consensus is: how do I get that job...

Seriously, just keep calling & leaving messages until you actually get a live voice. I have a very hard time getting hold of mine some of the time myself. I don't know why, it just is...

[SinkingFast]

Compared to many others here on the Forum, we have a very responsive attny.

Every phone call or email has been answered.

Since we hired our attny, I've been in the office a couple of times dropping off docs. Once, the attny was at the reception desk. He smiled at me, said Hello, called me by name, asked how things were going, how were the kids. I was amazed he remembered who I was after one meeting.

Same thing with his paralegal. She knows who we are when we've been in the office as well.

I called once, when the paralegal was on vacation. The attny called back to answer my questions.

We are very fortunate to have a responsive attny who actually answers our questions.

[Minnymouth]

Since you are in a Chapter 13, your attorney is supposed to be at your disposal when things change in your case. Make an appt with him, keep it, and let him know then that you are having a problem contacting him when you need too. Some receptionist are not the best employees, sometimes.
If it continues and you cannot contact him, contact the Trustee and let him know your financial status has changed and that you have not been able to contact your attorney. Believe me, he'll get ahold of your attorney......

[ramone]

Use the words "you are abandoning me". State bars do not look kindly upon abandonment of a client.

[ImKnotNo-ing]

Update HELP US!!!

Well after 2 1/2 weeks I got to talk to our lawyer. She told me we could lower our weekly payment but our plan would have to be extended another year. (from 3 to 4 years) She then said she would e-mail the trustee as soon as we hung up and then get the proper papers filed. She told me I would hear from her and the trustee within a week.

That was 3 weeks ago. I took a letter to her office last week telling her we were falling behind on our bills and it will get worse if we don't get an adjusted plan ASAP. I still hadn't heard anything so today I called the trustee and was informed that there has been nothing filed in our case.

Now it has been almost 6 weeks since we lost this income and our lawyer has done nothing for us.

Obviously we need a new lawyer but how can we switch now?

What other options are there for us?

This doesn't even count the letter we got from her several days ago telling us we need to pay the county treasurer $908 for back property taxes. The same letter she sent us 6 months ago. But then it was $838. (late fees had not been added yet) She told me 6 months ago to only pay the taxes that were due then and the rest would go on our plan and all late fees would have to be waved. Then she sends us this like what happaned 6 months ago never occured.

HELP!!!!

[SinkingFast]

In this thread,........

http://www.bankruptcyforum.com/showthread.php?t=9951

Interlaw, an attny himself, says you can switch attnys during an active BK.

According to posts where others have tried it, they were not very successful.

You can try seeing if another attny will take your case. It's worth a shot. Nothing ventured, nothing gained.

I'd also report your current attny to the State Bar and the US Trustee for negligence. Maybe even sue her in small claims court to get back the fee that you paid her. She's obviously not effectively representing you or your best interests.

[ImKnotNo-ing]

This is what I think I will do

I got a letter from from our lawyer Friday saying WE need to contact the treasuer to deal with the problem. She did not address any of the other questions like why she told us what she did in March and now is doing an about face. More importantly the letter said nothing about our lost income or revised plan.

So today I typed a letter explaining our dissapointment with her. We are asking her to withdraw from our case and forfiet all money she has received from us. This includes personally and through our plan. Is this a good idea? What reaction will I get? I can't afford to start over and hire another lawyer. We live week to week with little or no money left over as it is.

[lrprn]

I got a letter from from our lawyer Friday saying WE need to contact the treasuer to deal with the problem. She did not address any of the other questions like why she told us what she did in March and now is doing an about face. More importantly the letter said nothing about our lost income or revised plan.

So today I typed a letter explaining our dissapointment with her. We are asking her to withdraw from our case and forfiet all money she has received from us. This includes personally and through our plan. Is this a good idea? What reaction will I get? I can't afford to start over and hire another lawyer. We live week to week with little or no money left over as it is.

First thing to do...be sure your trustee knows what's going on with your lawyer. Frankly I doubt you will see a penny, but you don't know until you try.

Once you formally sever your relationship with this lawyer, make appointments for free consultations with other bk lawyers in your area. It's very possible one will be sympathetic with your circumstances and set up a payment plan to cover the retainer. You wouldn't be the first person to switch lawyers in the middle of a bankruptcy. I'm so sorry you have to be dealing with this - bk alone is stressful enough. However, having a useless lawyer is sometimes worse than no lawyer at all.

One thing to do for sure is report this lawyer to your state agency or board that handles lawyer malpractice. Here's the website that lists all those agencies by state - http://www.nbtanet.org/public/discipline/index.shtml Scroll down to your state or pick it from the drop-down list and notify the agency listed about what's happened in your case in a factual way with dates and events. Hopefully you can help someone else not get sucked in by this incompetent.