QUESTION
What can I do if I am unhappy with my bankruptcy lawyer?
Asked on May 31st, 2011 on Bankruptcy - Michigan
More details to this question:
I hired a bankruptcy lawyer several months ago to file chp 7. The lawyer has been paid in full except for 100 for a class that was supposed to be taught by a lady for an hr. we explained we did not have time for the class that day or the 100 to pay.. She told us we could just look over the book that she teaches out of and make payments on the 100 It took 5 mins to read this book and she came in asked if we had questions and then we left. She spent maybe 10 mins with us. I do not feel I should have to pay for services for that class when they were not performed. Another upset is that me and my husband had a court date for loans that were took out. We called the lawyer and told them the date and they said they would take care of it that we would not have to be there. A month later with still no phone call from them I noticed a garnishment on my check...no one could tell me where the garnishment was coming from. Finally I got to talk to someone in the office at my job and she told me it was from the loan comp. we had the court date with. So I call lawyer back and they told me they had a mix up with the dates. And 2 months later still no call back from them. I am so aggravated with this. I called the company's that I owe money to that the lawyer said they would contact and tell them we were filing bankruptcy and they tell me that no one has contacted them about it except me. What do I need to do ...since I am already being garnished I would love to fire my lawyer and back out of bankruptcy..it still has not been filed in court...they tell me they are waiting for my paper work such as titles and etc? But I do not want to give this stuff to them because they have done nothing they said they would do. Is it possible to get my money back and fire them so I can hire a lawyer that will do the job? Please I need your help asap. Thank you so much and God bless you!
7 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
at
Benson Law Firm
Update Your Profile
You always have the right to fire your lawyer. You also have the right to demand at least a portion of your money back.
Answered on Jun 02nd, 2011 at 10:45 AM
You may be able to get some of your money back depending on how much you paid, but it's likely that if the petition has already been drafted, there's a considerable amount of work already done for which you would be billed. Also, read your contract for specifics. As far as the pre-filing credit counseling class, $100 seems very high for that course, but irrespective of whether your pay them or not or someone else, taking that class and getting the certificate of completion is a pre-requisite to filing the bankruptcy case. At this point, you may want to hire another lawyer, but it sounds like you're very close already and pretty well invested, so you may just want to get the remaining documents together, pay for that class, and get your case filed so you can stop that garnishment from the next paycheck.
Answered on Jun 02nd, 2011 at 9:31 AM
Glen Edward Ashman
Bankruptcy law requires that you take two classes. One must be completed before you file. One is after filing. You are allowed to do it online, in person, or by phone. You must do one approved in your district. None I have seen charge that much. The ones we recommend cost $25 or less. But once you sign up for one, you owe for it. Note that if you have failed to give your lawyer needed documents, which include paychecks, tax returns, bank statements, bills, deeds, titles and other things, he cannot file, so the failure to file, based on your post, clearly is your fault by your own admission.
Answered on Jun 01st, 2011 at 11:04 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
When you hire an attorney to represent you the attorney should provide the agreed legal service. If you are not satisfied you can fire him or her. If you are requesting a refund and are not satisfied with the response you should contact the county bar association to complain or contact the State Bar and file a complaint. You have other rights such as filing a small claims lawsuit.
Answered on Jun 01st, 2011 at 9:32 AM
Litigation Attorney serving Portland, OR
at
Daniel G. Hoarfrost
Update Your Profile
You are always free to fire your lawyer.He has undoubtedly done some work on the file and will keep some of the retainer you paid him to compensate the time spent. My fee for a typical consumer Ch 7 is $1,494, which includes the court's $299 filing fee, plus another $60 if you don't have a consumer counseling certificate. Please feel free to call me at the office.
Answered on Jun 01st, 2011 at 9:21 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
You would need to refer to your retainer agreement to see if you are entitled to any refund. Usually a good attorney will provide at least a partial refund if the Petition has not been filed. If you need assistance to get your money back, you might wish to contact the local bar association in your area. If you are in my area and are looking for a new chapter 7 attorney, please contact me for a free consultation.
Answered on Jun 01st, 2011 at 9:17 AM
Chapter 13 Bankruptcy Attorney serving Southfield, MI
at
Sweeney Law Offices, PLLC
Update Your Profile
I'm not sure what State you are in, so my advice is limited to Michigan, and our ethics laws here mandate that an attorney must give back any fees that are 'unearned'. To that end, you can (a) terminate your current attorney (b) find a new lawyer and (c) ask the new lawyer to request that the prior firm return any unearned fees. Upon filing a new case, that should stop any garnishments, however, most attorneys will not file a new case for you until they are paid in full. The reason for this is because their attorney fees that may be due and owing are discharged along with every other creditor amount.
Answered on Jun 01st, 2011 at 9:10 AM