QUESTION

Can I fire my current attorney while in the middle of a Chapter 13 bankruptcy?

Asked on Aug 23rd, 2012 on Bankruptcy - Michigan
More details to this question:
My current bankruptcy attorney is awful. They have messed up so many times in moving my case forward plus they refuse to answer my calls or emails especially when I have a creditor who sends me monthly bills and I would like this creditor to stop contacting me.
Report Abuse

9 ANSWERS

Bankruptcy Attorney serving Schenectady, NY
2 Awards
Yes.
Answered on May 22nd, 2013 at 10:05 PM

Report Abuse
Real Estate Attorney serving New Port Richey, FL at Jay W. Moreland, P.A.
Update Your Profile
You can always fire your attorney. If you do so, you will likely need a new attorney to replace the old one and you will have to pay that attorney as well. Many attorneys are reluctant for many reasons to take over a case from a fired attorney. At a minimum the new attorney will have to clean up any messes made by the prior attorney and charge appropriately to do so with a client who is obviously upset at least with the prior attorney if not the entire legal profession. That is not an optimal situation for the new attorney who needs to be paid for what must be done by a client who feels like too much was already paid although not to and through no fault of the new attorney.
Answered on Aug 29th, 2012 at 11:29 PM

Report Abuse
You can hire another attorney and fire the old attorney.
Answered on Aug 27th, 2012 at 9:15 PM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
I am so sorry to hear about your situation. Yes, you can fire your attorney any time they are not doing their job. The challenge will be finding a competent chapter 13 attorney who will take over a case in mid-stride. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them. My best to you.
Answered on Aug 27th, 2012 at 1:09 PM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
Just make an appointment and go see another attorney. The new attorney will remove the old.
Answered on Aug 27th, 2012 at 10:13 AM

Report Abuse
Daniel James Wilson
You can always fire your attorney.
Answered on Aug 27th, 2012 at 10:13 AM

Report Abuse
Bankruptcy Attorney serving Beverly Hills, CA
2 Awards
Yes, you can. You can fire your attorney any time that you want to.
Answered on Aug 27th, 2012 at 10:13 AM

Report Abuse
Bankruptcy Attorney serving Grand Rapids, MI at David Andersen & Associates, PC
Update Your Profile
You can get alternative counsel in the middle of a Chapter 13 bankruptcy. You find a new attorney and get them to stipulate to be your new attorney in the case.
Answered on Aug 27th, 2012 at 10:12 AM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
Yes, you can terminate your relationship w/ your counsel
Answered on Aug 27th, 2012 at 10:12 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters