HELP!! My laywer sucks! (long post)

[in2deep]

Okay, this is my story. I called an attorney to ask about filing chpt. 7 and was told by receptionist I would need to file by Sept. 1. So I rush in to the consult was told no problem easy chpt 7. This was determined by looking quickly over income verses exps.Thinking I had to file by Sept. 1, I paid this moron my 1000.00 and left with my big package to fill out with no advice as to what to do with it. This was the end of June. I had most of it filled out in a week but had a couple of questions so I went to talk to his only paralegal, who by the way runs the show. I asked how I should list expenses since I was not filing with hubby. She told me just to 1/2 everything. She did not hardly even look at it. I bring home more than hubby because of his big child support payments. I then asked if I needed to list money owed to parents and family. She said no, this would be inside payments. I have not made any payments to them. So I left the office more confused than I was with the promise I would be back in about three weeks to sign the final papers. That was in July! I had forgotten about a payday loan that I renew with a personal check every two weeks so I faxed in the info to the paralegal who later told me not to disclose it since I still had the loan it would not be dischargeable. Is that not fraud?? Well I waited for a month, did not hear anything and called to see when I could sign. She told me it would be in another few weeks but would be before the new laws. Okay, this is going on three months! I asked if I needed bank statements and was told "oh yeah, three months". Well it is nice to know this. I asked again about the payday loan. I told her I take out 500.00 from my account just to put it back in in a couple of days. She thinks they will not question it. HUH?? With the cash advance it looks like I deposit and extra 1000.00 in my account every month along with money I have borrowed here and there from my parents to get by on. How will I ever explain this to the trustee? I would think the attorney would have wanted to look over the bank statements himself. So it looks like I am screwed. I had even called at one point to cancel the whole thing and was told no refund. The fee agreement states fee is earned when paid. I do not have the money to start all over. I could have paid any paralegal to type up my paperwork for alot less money. That is really the only service I have received. This attorney is in the national guard and got called away for three months. Some other attorney I have not even met will got to court with me. In the mean time this idiot paralegal is in charge. Can anyone give any advice? I have learned more from this board than my lawyers office. Sorry this post is so long. I needed to vent! Thanks

[herekitty]

Okay, first of all - have they filed? Do you have a 341? Close the account if no!

[in2deep]

No they have not filed. I would love to obtain another lawyer, but there is no way I can afford to. At his point I probably am stuck with them because it is too close to the Oct. deadline. I think I will just have to insist they include my payday loan and loans from my family. After this nightmare is over(if I survive) I plan on filing a complaint with the Fl bar assc. Thanks for your help. This board is the only source of good info I have been relying on.

[bezoar]

Is the other att'y part of your att'ys firm, or is his a one man operation? I can't imagine that she's been left to her own devices - basically practicing law w/o a license (and not very well, it would seem...)

I'd make some calls Monday - check out a couple other att'ys. Mine is not the cheapest, but he's also not the most pricey. Mine has a policy that you may make payments to him (and add those as part of your expenses) IF you can get a co-signor to sign the contract (otherwise he requires payment in full prior to filing, as all normally do).

Sounds like the paralegal is giving you some bad advice. Since time is short, I'd be inclined to find somebody else now, and worry about trying to get refunded later.

[in2deep]

Unfortunaley he is it. I think I will call around and try another option. I have too much to lose to leave my fate in the hands of this idiot! Thanks for your input. I wish I had found this board before I found the attorney!