How do you deal with Lawyers...

[quietsound]

You have a problem, concern, issue, have questions and so on. You call your lawyer and leave messages to call you back but the lawyer doesn't. How do you deal with lawyers who don't return your phone calls or emails.

Just curious.

[Granny]

You have a problem, concern, issue, have questions and so on. You call your lawyer and leave messages to call you back but the lawyer doesn't. How do you deal with lawyers who don't return your phone calls or emails.

Just curious.

Here is the email my attorney sent me this week when I asked some questions concerning my amended plan.

Deleted after thinking about it some.

Basically, he was telling me to shut up and sign the papers.

I know this doesn't answer your question, but I included it to let you know you are not in this boat alone.

[emoney]

I sounds like you have a very good lawyer and you should follow his advice. He is the expert and you are not. He has no reason not to give you his best.
Sometimes that is telling you that your thinking may not be correct.
He does owe you a returned phone call.
Regards,
emoney

[quietsound]

well I HATE it when no one tells you anything, you call and it's like your taking up their precious time when you have really good concrete reasons for calling and then don't hear a word. with me one of the creditors in my plan just sent me a warrant in debt! that was three days ago and the lawyer was left two messages and never called me back, so you know what i did. i made a copy for myself and sent the originials to him by mail. i'm not suppose to be talking to anyone just like these creditors aren't suppose to be talking to me.
OUr 2nd confirmation hearing is scheduled after the last day creditors could file claims due to questions on if joint or individual and they have come back in my favor............will this be confirmed, won;t it be confirmed. who the heck knows. no one tells me anything i can't get anyone to call me back. do i have to go to this confirmation hearing. who knows, i don't even know when it is, was not notified of when the second hearing is. what happens if i don't show up? i think these are important questions that should be answered. i mean really GET with the program! i consider it bad communication! i might be out of line but sorry, if i have questions they should be answered.

[Granny]

I sounds like you have a very good lawyer and you should follow his advice. He is the expert and you are not. He has no reason not to give you his best.
Sometimes that is telling you that your thinking may not be correct.
He does owe you a returned phone call.
Regards,
emoney

No, I have an idiot who employs an idiot who can't even understand a basic amortization schedule and never called to verify any of the facts before she negioated with the creditor. These fools have me paying for the same debt twice on a deal they negioated with a creditor and they didn't disclose the complete agreement to me before they filed it for the judge to sign.

He delayed informing the court that he was hired to replace attorney #1 for 6 weeks.

Read my posts, many others have said this guy is not doing me any favors.

The lastest thing he won't respond to is a question as to why he changed the date of my first payment by 5 days. This is on the amended plan and I am concerned that this typo will cause my payments to be due 5 days sooner than originally scheduled. Not a big deal, except I am having to overnight them now and if they are pushed up 5 days, I will default next month. If the change of dates doesn't affect the payment, then simply let me know, if it does, then he should fix it before he files the amended plan, but either way, have the courtesy to answer my question.

It states in the local rules what he is supposed to do, one is counsel the debtor on budgeting and two answer questions, he has done neither.

Trust me when I tell you he may be the expert on bankruptcy, but I am equally an expert on amortization schedules and loan contracts.

[Granny]

well I HATE it when no one tells you anything, heck knows. no one tells me anything i can't get anyone to call me back. do i have to go to this confirmation hearing. who knows, i don't even know when it is, was not notified of when the second hearing is. what happens if i don't show up? i think these are important questions that should be answered. i mean really GET with the program! i consider it bad communication! i might be out of line but sorry, if i have questions they should be answered.

I was facing the same problem, as far as should I go or should I put my faith in him to go when I haven't heard a word from him.

Quietsound, I share you pain. I wish you the best.

[lrprn]

It is so hard to want communication so desperately and not get back what you need to fill in knowledge gaps when you need it badly. Have either of you told your lawyer honestly how you feel when your calls aren't returned? Might make a difference and if it doesn't, they weren't talking to you anyway.

Here's another approach....pick up the phone and set up a half hour appointment in the office asap to get your questions and concerns answered face to face. Sad that you have to do that, but the alternative is to sit by the phone or computer with your frustrations boiling over more day by day. Make the call - and, Granny, be sure to take the kids along with you! If your lawyer knows you are going to keep making appointments to see him when he doesn't call and bringing the kids, maybe he'll be more reliable calling you back just to have peace and quiet in the office!

[defyint]

Attorneys are clueless

You don't! I'm convienced attorneys don't kow what they are doing.

You have a problem, concern, issue, have questions and so on. You call your lawyer and leave messages to call you back but the lawyer doesn't. How do you deal with lawyers who don't return your phone calls or emails.

Just curious.

[lrprn]

I'm convienced attorneys don't kow what they are doing.

Luckily the few bk lawyers that are clueless are in the minority. Our Ch 13 lawyer is not only knowledgeable and a good communicator, but took on a huge national creditor who filed an incorrect objection against us trying to get more money for themselves. And he's doing it for no extra cost to us just because he is mad as hell at the big creditors using their huge financial resources and big lawyer staffs to screw vulnerable debtors who have no resources to fight back. So don't paint all lawyers with that 'incompetent' brush - thankfully it's just not true. (And by the way, our lawyer won against the big creditor - our bk court judge threw their objection out when they failed to produce proof for their objection! Sometimes the little guy can win against the big corporate creditors!) We are very lucky to have our lawyer representing us. I wish he could represent everyone here.

[wayne-o]

I found this on a local attorneys website. Probably not what you want to hear, but it does put the problem in perspective.

It may be necessary to contact Mr. xxxxxxx office during your Chapter 13. Mr. xxxxxx's employees are each assigned different tasks. We handle thousands of Chapter 13 cases in addition to yours. Sometimes it takes several days, and occasionally several weeks, to get an answer from the Trustee, a creditor or the Court. Many motions by debtors have a twenty (20) to thirty (30) day waiting period, in order to give a creditor or the Trustee an opportunity to review and, if appropriate, to object to your request. Creditors have such rights under the Bankruptcy Code and Rules.

Mr. xxxxxx's office handles hundreds of telephone calls every day. Do not get frustrated if it takes time to resolve your problem. It took time to get into the debt problems you have and it may take time to resolve those problems. Mr. xxxxx and his office staff work very hard to handle your case. It makes their job much easier when clients are courteous and patient. When emergencies occasionally do arise, he and his staff will do everything possible to help you. Remember, we are on your side, however, we cannot solve every problem.

We do charge and itemize for every telephone call received or made on your behalf. While we regret having to charge for all telephone calls, some clients abuse our services or their cases require an extraordinary amount of time, making this practice necessary. Therefore, try to limit your telephone calls whenever possible. We do file applications for additional fees to be paid through the Chapter 13 plan when you exceed the court approved amount of our allowed attorney fees.

Also, if Mr. xxxxxx or another employee is not instantly available, please leave a detailed message so that we can start working on your problems as quickly as possible. Often we must obtain information from the Trustee, a creditor or the Court to answer your question. The more information we have, the quicker we can solve your problem or answer your question. If these basis rules are followed, your Chapter 13 will be a more pleasant experience for you.

[jenrw74]

When we filed in '04 our attorney gave us an office directory of all the phone numbers, extensions and email addresses of the attorneys, paralegals and assistants in the office. Different people handled different aspects of clients' cases, like whether you were pre or post 341 or confirmation. I would basically just call/leave messages with or email as many people on that list (that applied to my particular questions) until I got a hold of someone. The main paralegal was usually great with my many questions. We emailed quite a bit (until she left and then someone elase in the office took her place that didn't know much of anything!). I guess it just depends on how big your attorney's practice is and if there's a paralegal you can speak with. But I believe that if you're paying someone that kind of money to represent you, they need to represent!! lol

[southerncomfort]

My strategy has been to be very nice to the paralegal handling the case. She does the majority of the work and has been able to answer 99.9% of my questions. I do allow several days (like 2) before I call back again if my call hasn't been returned. I have only had that happen once (filed in 2005).

So, my suggestion is to be as nice as possible to the support staff and ask them if they can help . . i.e., I have left a message for Attorney, but she hasn't called me back yet, perhaps you could help me? And then explain the situation.

Good luck!

[SinkingFast]

During our process, we actually talked with our attny 3-4 times. One phone Consult. One face to face Consult. Our paralegal was on vacation once and the attny returned our call. We saw him at our 341 meeting.

The rest of our contacts,.......... Phone calls and emails,............ Have been handled by the paralegals. If they aren't sure of how the attny wants to proceed, they'll ask him and get back to us.

The paralegals have answered every phone call and/or email within a reasonable period of time.

We got lucky and hired a good guy.

[$$only4ever]

I was pretty lucky with my attorney. I found the best way to communicate with him is to send him an-e-mail. I just 'spoke' to him yesterday concerning an issue that came up. He always responds within a reasonable length of time and does not charge me.

[Granny]

No, I have an idiot who employs an idiot who can't even understand a basic amortization schedule and never called to verify any of the facts before she negioated with the creditor. These fools have me paying for the same debt twice on a deal they negioated with a creditor and they didn't disclose the complete agreement to me before they filed it for the judge to sign.

Well guess what, I heard from the attorney after a plea to him to once again look at my numbers and see what a difference lowering the payment only 67.00 would have on my household budget. In his reply, he was sympathetic to my problem, told me to cut my expenses to what is on paper (this is impossible unless I use no electricity except to run the well and frig and quit flushing the toilets to save the septic system). He said this is what happens when people want to keep an asset such as our RV. The fool doesn't even know what assets we are trying to keep. It's not a frigging RV, it's an 18 wheeler tractor. It's how we make our living...what does he not understand about being a trucker family????

Maybe now he will understand why I am fighting so hard to keep it...it would be like someone threatening to take away his computer and files.

Naw....he probably still won't get it.