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    Unresponsive attorney

    Hi Everyone,

    We filed our chapter 7 in October 2010 and after a bit of an Presumption of Abuse issue we were successfully discharged on Jan. 25, 2011.

    Our experience with our attorney was OK - she was not very pro active in providing us updates and sometimes it took her a couple of days to respond. At the end of the day, she offered a competitive rate and she got the job done so overall we were satisfied.

    A good friend of mine ran into severe financial difficulties in the meantime and turned to me for a reference. I referred her to the attorney; however; suggested she contact the attorney who's name is actually on the door and not the lady we had worked with...we had limited contact with the attorney who owns the practice and found him to be much more personable and responsive and most importantly, compassionate, which I felt my friend needed in her circumstances.

    She met with him, filed a Chapter 13, and all was OK although she seemed to have the same problem as us with getting quick answers, etc. It turns out that the main attorney has assigned her case to the same attorney we had.

    Long story short, she has an issue that she really needs her attorney's immediate response on and despite emailing & calling several times a day she cannot seem to get a return call. She last spoke with the attorney on this Tuesday at which point she was promised a return call on Weds. Here we are at Friday and she hasn't heard a word.

    Of course, I feel guilty about this since I provided her with the referral. My question is, does she have any recourse if her attorney is being unresponsive? Is there anything she can do to "encourage" them to call her back?

    Sorry for the lengthy post and thanks in advance for any advice you can lend!

    #2
    A call not returned in a few days is not a sanctionable offense. Most clients get inundated with mail from creditors regarding the bankruptcy but they are getting copies of what the attorney has already received and the client panics thinking something bad is happening and calls frantically, when the issue is most likely a routine part of the process. Most attorneys have to prioritize their responses based on deadlines, not the clients need to vent or feel better. You pay an attorney to take the stress and worry away and then turn around and compound it. I guarantee the attorney will respond when the time is appropriate based on the deadlines of the court and not the client otherwise no one benefits.

    Good luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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