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Code of ethics?

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    Code of ethics?

    Filing now. The retainer feels like I'm signing away any recourse for the many listed add-ons. Whats to stop a lawyer from bleeding you whether you have a case or not. Doing more research.

    #2
    Lawyers have rules of ethics they must follow. What keeps them from ripping you off is the same thing that keeps anybody you do business with from ripping you off, their professional reputation and fear of a lawsuit. There is also the risk of losing their license to practice law.

    Also, in Bankruptcy court, your attorney must disclose the fees he is charging and, depending on local court rules, may have to get approval to charge you more than a certain amount.

    What do you mean by "whether you have a case or not". It is usually not difficult to determine whether you qualify for a discharge and most "add on fees" should be foreseeable.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      I agree with Lady. Retainer agreements are designed to exclude, not include, things such as defending complaints to determine dischargeability, motions for relief from stay, motions to sell property, motions to incur debt, etc. A fixed fee is not going to cover additional litigation or investigation that is not basic to the Chapter bankruptcy you file.

      If you have questions or concerns over the fee agreement, discuss them with the attorney. If you are not satisfied with the answers then look for another attorney - however, I would imagine that most attorneys have rather lengthy agreements. (I know we do for fixed fee chapter 7s. Our Chapter 13s and 11s are never "fixed" and are billed at our hourly rates.)

      The bottom line is that you have to have a good comfort level with the attorney you hire. If you have not reached that level then the attorney is probably not for you and you need to continue to search for the right one. You also have to be realistic. If your case is full of "issues", good representation is going to cost you. If you are a "cookie-cutter" case then things should go smoothly and costs should be in the average range for your area.

      Des.

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