What happens if i fire my attorney

[michele71]

What happens if i fire my attorney? We already had our 341 and I had questions for him on what the rep for the trustee was asking. He was really short with me and had a really bad attitude--he said,"if you dont like how I am handling your case just let it get dismissed" WHAT???? it was weird and then he stormed out without any answers--literally like he was 2 years old.

So I emailed his office to ask for an appointment to go over the expenses I listed and to supply some proof and they have not gotten back to me. I talked to the paralegal (his wife) the day this happened and she said I overreact. I have called their office on about 8 occasions to advise them creditors were contacting me and also when proof of claims were filed for more than the amounts on PACER asking what to do? Also I called last week to ask if I would have to pay fees to my mortgage company even though they werent a part of my plan. She told me to call the mortgage company and explain what was going on--I thought thas what I am paying 3500 bucks for.

I am so unhappy about this do I have any recourse? I wish I could just go straight to the trustee. I really just want to do this myself at this point because I am not so sure they have my best interest at heart.

If I fire him do I have to start all over again? Do I have to pay him for representing me anymore?

All suggestions would be great!!

[optimistic1]

He might have a non-refundable fee within the contract. Although if he already started processing everything then who knows, you will need to ask him.

[arkienurse]

Only thing is, it can be very hard to find a lawyer to take you on mid case. Most will not touch what another has started.
I would set up some appointments with other lawyers and sound them out before I actually fired him.

[Flamingo]

Proofs of claim are always higher than what you list becuase the creditors list all sorts of interest charges and late fees beyond what you may have on your records when you file and the Trustee will adjust all that to your date of filing. If you listed the calling creditors in your filing then just advise the calling creditors to contact your attorney and again provide them with your filing (case) number. It appears you are paying your mortgage outside of your Plan so you will need to contact them directly about your fee questions. There are things that you yourself need to handle in a Chapter 13 and the fee you are paying covers all the paperwork and research for your filing and your attorney represents you over all the years of your Plan as to your filing. Chapter 13's are a LOT of work and can cause all sorts of anxiety when they first get filed. A year from now when things smooth out you will look back and remember all the paranoia and anxiety and probably laugh. I assume from your posting you are deluging your attorney with questions that cannot yet be resolved until your plan is confirmed. Since you have already filed and are represented by an attorney, just keep on making your Plan payments and your mortgage payments and refer any questoins from any creditor to your attorney. Let the attorney do his job.

Looking at PACER can drive you nuts because it can make you call your attorney more than is necessary. If you are truly unhappy with your attorney and the way he is handling your case or speaking with you, call your State Bar Association (in the phone book under your "state" section) to file a complaint or speak with them about the situation.

[michele71]

Thank you flamingo--I do agree with you. I am concerned howver based on the reaction of my attorney after the 341 that he may drag his feet or not hold my best interests in mind when trying to get my plan confirmed. Do you think I should worry about this? I emailed them 2 days ago about scheduling a meeting to go over the proof I had on my expenses and they have not gotten back to me--

[Flamingo]

I saw your other thread as to what is going on here and that you have high expenses with no receipts and understand a bit better about what is going on. It appears you had no issues with your attorney until this popped up with the request from the Trustee as to proof of expenses since they were on the high side. Your attorney does have your bests interests at heart because he attempted to put through your Plan listing your expenses as higher hoping to get it through for you. Sometimes it works, sometimes it doesn't and in your case it didn't so they want proof. I don't know what exactly went down after your 341 between you and your attorney for him to storm out as he did but attorneys don't do that unless there is a good reason. It looks like you are not the only unhappy one. Do you have receipts to prove those high expenses? If so, get copies to your attorney - there is no need for an appointment unless there are specific issues that were not discussed prior to filing. If you don't have receipts or statements of any kind, your Plan may have to be modified to lower those expenses. What the trustee is trying to do here is prevent fraud; without proof, they will not let it go through.

It appears you and your attorney are disagreeing on something or had a "tiff" of some sort and it came to a head. I would suggest biting the bullet, apologize if necessary, get professional about this, and not emotional, and get back to square one to get your Plan confirmed. I understand this is a very confusing and emotional period for you cause I was there myself having many sleepless nights worrying about stuff that didn't need worrying about. If you feel you did nothing to provoke your attorney's outburst at you or to cause the situation, you can contact your State Bar Association as I mentioned in my previous posting. Best of luck to you...

[michele71]

Flamingo--I havereciepts, cancelled checks to prove these things. The "tiff" went like this...After 341 I asked what I need to provide--he told me reciepts I asked why...he said because expenses are above IRS I said what are the standards he said I dont know...then I said Simone (his wife and asst.) said that the figures I submitted were acceptable and she has been doing this 15 years and there would be no issues..I specifically asked her if it would be to high and if I would need to save receipts and she said no--I have never seen that. She did advise me however that there may be an issue with the dry cleaning as it is high (husband has uniforms to dry clean) and I said no problem I can prove that. When I said that his wife said it would be fine he said, "Well dont do anything and just let the case get dismissed--thats my wife" and he stormed out while I was still trying to talk. I never raised my voice or got flustered I just took issue with the fact that they knew the expenses were above and they should have known this would be questioned and they should have advised me to save reciepts and we could have sent them in when we filed.

Nonetheless I found reciepts of some cash grocery/gas as well as cancelled checks. I emailed the office and they still have not advised me what to do next. So I got all the info together and I will be sending it to them return receipt Monday morning and I will also be sending a copy to the trustee as I feel that they may not have my best interest at heart after the way he treated me.\

Sorry you took away from this that I had done something wrong but I didn't I have questions and concerns and I am paying for his advice. If he feels he can treat his clients poorly and act like a child I certainly do not owe him anything--I did nothing wrong. I think he may have an issue keeping his personal feelings separate from business issues and maybe he felt like I was saying his wife didn't know what she was talking about but I never said that but if you have people in your office doling out advice it should be correct or they should direct me to the person who does know. Thats all I am saying.


ALSO you are right there wasnt a problem until the 341 because its the first time I have spoken to him since the consultation-I dont doubt his skills just his ability to keep his personal dislike for me separate from our business relationship. I only hope this guy will still work to get us in the best situation he is able to--I have my doubts but I am stuck and he knows it so I assume that is why he feels he can treat people this way---Igot your money now beat it---lol

[Flamingo]

The details helped...Your post is a good indicator never to get a husband and wife attorney/paralegal/assistant team to represent you cause it appears if you are given bad advice by one, the other gets huffed - LOL! Yes, you are correct they should have obtained receipts/proof from you as to those high expenses cause they are high as others have been advising you in other postings. Also, you should not have been treated the way you were. You are owed an apology. You can bite the bullet and keep business/personal separate here to get your BK through or if you are uncomfortable with their representation of your case, you can always file a Complaint and get other counsel but it is in your best interests to ride this out and get those receipts in to keep things moving and no delays.

As long as you sent in what was asked for by the Trustee's "rep" at the 341 you should be fine. Good at obtaining the return receipt. You have complied with what you need to do.

[michele71]

I would love to get another lawyer but unfortunately it is a one man show over there and I understand from other posts here that it can be difficult to find an attorney willing to take on a case once it has started. I wrote a cover letter with the proof they need and I think I am going to send a copy to the trustee as well just to ensure he gets it. I dont want the to sabatage my case lol. Do you think that it would be appropriate to let the trustee know what is going on/what has happened when I send this info?