QUESTION

Is an attorney whom I already paid close my case and consider his services rendered?

Asked on Aug 14th, 2013 on Bankruptcy - Idaho
More details to this question:
I hired a bankruptcy attorney back in March 2013 and paid all fee except the court filing fee. I had a serious mold issue in my home around the middle of April which led me to being evacuated from my home until June. I explained to the attorney that I had only been given a 2 hour notice to leave my home and that I had no way of getting my documents until the issue was resolved. Much to my surprise I received a notice in June that if I didn't submit my documents and courts fees within 30 days they would close my case and consider services rendered. Is this allowed? I'm upset because I never got a phone call from them and now I'm out the $1200 I paid in attorney fees.
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6 ANSWERS

You need to go talk the to the court clerk or check your case online. You are responsible for knowing what is going on in your case.
Answered on Aug 26th, 2013 at 11:15 AM

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Deborah F. Bowinski
You will have to look at your retainer/fee agreement that you signed with your lawyer to understand the terms. My guess is that at least a portion if the fee you paid was earned upon receipt, but you may well e entitled to the refund of some money if it had not yet been earned by work done in your behalf. That work could involve taking phone calls from creditors and answering questions for you - it does not necessarily mean the final preparation and filing of a case. I would contact the attorney and either try to make arrangements to continue with your filing or, ask for a refund of unearned fees and an accounting of the work done to date.
Answered on Aug 16th, 2013 at 12:46 PM

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Bankruptcy Chapter 7 Attorney serving Boston, MA at Conner Law Offices
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You should check your attorney-client agreement. I do know attorneys who reserve the right to close your case if you do not act on it within a certain period of time. If nothing says that in your agreement, you have more of an argument, but you need to respond. You can probably get all of your documents together in a week. It would be easier and cheaper just to make this work.
Answered on Aug 16th, 2013 at 10:45 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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While you are entitled to an itemized statement of the work performed, the attorney prepared your bankruptcy case, answered questions from your creditors to prevent them from harassing you for month and months and you question why s/he believes you are not serious about proceeding with your case and has just left the case hanging to waste time and require additional work? The correct thing to do was to contact the attorney immediately to resolve the issue of the missing documents. I know of no documents required to file bankruptcy that cannot be easily replaced if a client wants to make the effort to cooperate with the attorney. I regret that I find your explanation to be an unpersuasive excuse to ignore your case and delay.
Answered on Aug 16th, 2013 at 10:26 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Deal with the attorney, however your issues are not his, and if you are not providing the assistance required they cannot go forward and should resign form the engagement. Your retainer will determine if you are entitled to any refund.
Answered on Aug 16th, 2013 at 10:14 AM

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File a bar complaint. They would have to show reasonable services and this looks like a stretch. File your new bankruptcy and also list it as an asset for the Trustee to go after.
Answered on Aug 16th, 2013 at 10:09 AM

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