top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Attorney Advice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Attorney Advice

    We have been waiting to file Chapter 7 due to income issues. Attorney advised we had to wait 4-6 months because we were over the income limit. I emailed him info regarding issues we had discussed at initial consultation and one telephone call. He informed me that he does not recall our case and we need to fill out paper work and make an appointment to review.

    It seems he does not want to accept any phone calls or emails with questions. We are only allowed to ask questions at our appointments ( which I am given to understand is the initial meeting, second to review and third to file) . He is borderline rude when I have contacted him by telephone ( was told to write questions down and ask at second meeting). When I contacted him by email I was told no way can he deal with our case by email - make an appointment.

    Is this the norm for attorneys handling BK? Am I being to sensitive ( obviously it is a stressful situation) ?

    #2
    Originally posted by madmama View Post
    We have been waiting to file Chapter 7 due to income issues. Attorney advised we had to wait 4-6 months because we were over the income limit. I emailed him info regarding issues we had discussed at initial consultation and one telephone call. He informed me that he does not recall our case and we need to fill out paper work and make an appointment to review.

    It seems he does not want to accept any phone calls or emails with questions. We are only allowed to ask questions at our appointments ( which I am given to understand is the initial meeting, second to review and third to file) . He is borderline rude when I have contacted him by telephone ( was told to write questions down and ask at second meeting). When I contacted him by email I was told no way can he deal with our case by email - make an appointment.

    Is this the norm for attorneys handling BK? Am I being to sensitive ( obviously it is a stressful situation) ?
    Did you already pay this attorney or was your first consultation with him free?
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Originally posted by madmama View Post
      Is this the norm for attorneys handling BK? Am I being to sensitive ( obviously it is a stressful situation) ?
      Did you already sign a service agreement and pay the retainer? Otherwise, they do get grumpy doing free work.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        When the atty is not yet being paid, I don't think its unreasonable to expect they will put in very little time/effort. To not remember your case 4-6 months later is not unreasonable - he has dealt with perhaps hundreds of cases in that time.

        But the atty's demeanor now is at least a preview of what is to come. If you don't feel comfortable dealing with this attorney, seek out others. You are not tied to him. I like to communicate by email. Its easier for me to get my thoughts down, and review them before sending. Plus its easy to keep track of the correspondence trail. I would not want to work with someone who was only willing to discuss matters in face to face sessions.

        In the end, it comes down to what you are comfortable with. And how much time you have - in regards to finding alternate attorneys.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment


          #5
          madmam

          Oh yes he has been paid! He made it very clear at the initial consult he expected 250.00 ( We were not informed of this so had to mail a check and he was less than happy)! It has not been 4-6 months since we met ( first meeting was the end of Feb.). We must have money at all appointments - that was loud and clear.. I did send him an email this morning and asked him to be clear as to how, when and where can I address any concerns and questions. We'll see if I get an answer..Thanks!!!

          Comment


            #6
            I think the $250 probably only covered the initial consult and perhaps a Means Test review. That amount, $250, is about the average hourly rate for a BK attorney. I think you're doing the right thing by asking the attorney for clear parameters around what is expected and what YOU can expect.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X