QUESTION

Can I change my attorney before my chapter 13 plan is confirmed?

Asked on Apr 16th, 2013 on Bankruptcy - Florida
More details to this question:
I am uncomfortable on the attached message of how my attorney did not communicate to me, can I switch attorneys and how much more would I have to pay: Hi Jason: Thank you for responding to my message. I tried to reach you twice today by telephone, but you were unavailable to speak with me. I left a message with Wanda for Jamie to call me back since I am very upset with how this is being handled. I am putting my trust in your firm to handle agreements to my car and my debts and I shouldn't have to follow up to ensure things are being followed through on. The only reason I called the court in the first place is because I never received a call back from you from last week. I wanted to know if I would be receiving a copy of the approved order from the court approving the agreement, so when you didn't call me back or no one else in your office could answer my question, I contacted the court myself. I take it very seriously about court dates and wanted to ensure that I didn't need to be there. Last week, the law clerk told me no agreement had been made either by telephone or in writing and to contact him this morning to find out if the required paperwork had been received by the court for my hearing and he informed me that my hearing was still scheduled for today at 2:30 pm because no paperwork for an agreement was received. I called your office and asked to speak with you and you were unable to speak with me and Wendy communicated to me that an agreement was made with Landmark based on her conversation with you. I spoke with clerk again, who advised me that you and Landmark's attorney called the court today 15 minutes after I called the court advising an agreement was made, however, the court adjourned today's hearing and scheduled a new hearing date of 5/14/13. My question is this, I am paying you to handle my case, why wasn't the agreement sent to the court in time? Why was a new date scheduled? Am I incurring additional attorney's?
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4 ANSWERS

You can substitute your attorney for someone else. There may be additional legal expenses which you should discuss with the new attorney.
Answered on Apr 22nd, 2013 at 7:42 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes you can change attorneys.
Answered on Apr 18th, 2013 at 3:51 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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I suggest that you consult with another attorney for a second opinion. The type of non-responsiveness from your attorney sounds like the type of situation that the Florida Bar frowns upon. Perhaps, telling your current attorney that you are going to file a complaint with the Florida Bar might get you a return phone call, but it will certainly cause the attorney to withdraw.
Answered on Apr 18th, 2013 at 3:50 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Your retainer agreement ought to spell out how much communication your attorney is obligated to provide you for the "flat fee" you agreed to pay. If you change attorneys, you still must pay your original attorney for the services provided so far as well as paying your new attorney for the services provided. It is obvious that part of the communication problem is about you feeling that the attorney ought to personally respond to your call on your timeline and that your current attorney doesn't operate his business in that way. Under these circumstances, I would urge you to look for someone that you can communicate with as you desire, but be warned that many attorneys do not handle their communication in the way you seem to desire and expect to pay a pretty penny for legal services if you need constant attention.
Answered on Apr 18th, 2013 at 3:50 PM

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