QUESTION
Can I fire my attorney and get a refund since they did not notify me 30 days in advance as agreed if they had sent it to the right address?
Asked on Apr 24th, 2014 on Bankruptcy - New Jersey
More details to this question:
I retained a bankruptcy attorney because I have lost my job and losing my home to foreclosure. I just received a notice that I had ten days to vacate because a foreclosure sale has taken place. My attorney was to contact me once she received the notice so I could pay the balance of the bankruptcy charges, I just found out that they did receive notification of the sale and mailed me a notice I am told on march 24 that sale was April 16. They sent the notice to wrong address I am being told today, and they did not send it 30 days in advance, as they promised.
4 ANSWERS
Bankruptcy Attorney serving Huntington Woods, MI
at
Detroit Lawyers, PLLC
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You can always fire your attorney. Whether or not you'll get a refund depends on what was in the retainer agreement you signed. You also have rights under 11 USC 527(a)-(b) and 11 USC 342(b)(1).
Answered on Apr 28th, 2014 at 8:38 PM
You can fire your attorney if you like but you will not be entitled to a refund for work that has already been performed. You may have a case for malpractice against you if it would have made a difference to your case had you received notice of the foreclosure at an earlier time. Frankly, this story does not entirely hold water for a couple of reasons 1) the court, not your attorney, also notifies you of any pending matter regarding a foreclosure, and 2) the creditor is obligated to inform you about a foreclosure sale. Maybe the mailman is the real person to blame?
Answered on Apr 28th, 2014 at 8:38 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
You can always terminate counsel. Getting the refund will be the tough part.
Answered on Apr 28th, 2014 at 8:37 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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You may fire your attorney and request a refund. Whatever they refund to you will depend on the contract and their policies. If the attorney's negligence caused you to lose your home, you can also complain to the state bar and even look for a malpractice attorney if you like.
Answered on Apr 28th, 2014 at 8:37 PM