QUESTION

An attorney had filed a Chapt.13 Bankruptcy for me but, the attny withheld crucial info from me until after the filing. Can I recover any of the fees?

Asked on May 07th, 2012 on Legal Malpractice - Washington
More details to this question:
Recently, an attorney filed a Chapter 13 Bankruptcy for me in an attempt to stop a foreclosure on a rental property of mine. After the filing I was sent additional information from my attorney''s office informing me that money could be taken directly from my paycheck over the course of the next 5 years. I called the attorney''s office and asked him why I wasn''t made aware of this before the filing to which the attorney replied that he " cannot be expected to go over every little detail with me." In light of the new information, I told the attorney to have the process stopped and the bankruptcy has since been dismissed at my request. Unfortunatly, I paid the attorney $2000 to file the Chapt. 13 which I would not have filed if I would have been given more complete information. The attorney has told me over the telephone that he will not refund any of the fees that I have paid him. Do I have any recourse to recover any of my $2000?
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1 ANSWER

  The rules of professional conduct (RPC) require an attorney to "explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation". A failure to inform a client as to the ramifications of a Chapter 13 Bankruptcy may give rise to legal action that would include a disgorgement of fees.   This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies. .
Answered on May 07th, 2012 at 3:33 PM

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