I went to a free consultation with an attorney, at the meeting I felt rather rushed and pressured and ended up signing an agreement to retain counsel. I gave him a $500 check (which I really can't afford). I would like to put stop payment on the check as I spoke to another attorney who will be able to represent me better. As the consultation was free and he has not done any work yet, can he come after me for the $500? Also, in the agreement there is a clause that states "I understand that if I decide not to file my Chapter 13 bankruptcy, I will not be entitled to a refund of any of the attorney fee that was previously paid." Is the free consultation part of this?
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If he truly hasn't done any work, then you should probably get most of the $500 back. But how much will largely depend on the terms of the retainer agreement. If you put a stop payment on the check without at least asking for a refund first, you are probably committing a crime (you didn't mention what state you are from, but I think most states have a misdemeanor provision for dishonoring a check), and at minimum you would then be liable for returned check charges.Originally posted by CeCe74
At the consultation, did you give him any paperwork (if you did, a simple read & review charge could add up fairly quickly). However, you do have an absolute right to terminate representation, however, how much you then have to pay is debatable.
What I don't understand is that you said you felt rushed to retain counsel, yet you decided to retain another attorney. No offense, but is sounds like you are easily "rushed" and "swayed" if after speaking to a second attorney, you are ready to dump your first attorney and go with the second????Last edited by HHM; 12-31-2004, 11:41 PM. -
Not that it matters but I felt I should reply to your concern of me retaining another attorney. The attorney I went to see has been my mother's attorney for 20 years and I thought he was retired. That's why I went to see someone else who I didn't know. I want to file chapter 7 not 13 and the first attorney did not take the time to see that it was possible. So I didn't actually retain another attorney, I just went to talk to him.Comment
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Fair enough, I see. However, there is no special trick to figuring out whether to file a 13 or 7 (and what most ppl don't understand until they speak to an attorney is that the individual doesn't get to choose). It all comes down to disposable income. (income vs "reasonably necessary living" expenses).Originally posted by CeCe74Comment
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Before putting a stop payment on the check, first approach the attorney and tell him/her why you wish to forfiet/terminate the retention. If the attorney isn't willing to refund the entire or partial amount. Then tell him attorny you are going to place a stop payment on the check (if it hasn't already cleared). Then simply list the attorney as a bad debt on your chp 7 petition. It would also be worthwhile to put all this in writing too.Originally posted by CeCe74
Good Luck!The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.Comment
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Thank you so much for your responses. Regarding the Chapter 7 vs. the Chapter 13 ... the first lawyer really did not take a close look at my expenses ... I have been working a part time job to pay all my bills and I recently started graduate school too - I really needed to quit my part-time job in order to focus on school, and that is why I decided to file bankruptcy (because of bad debt/credit history that is haunting me) most all of my current bills are on time. Without my part time job my montly expenses exceed my salary by about $400 and with the part-time job my salary exceeds my expenses by about $200 ... and the part time job also puts me in a different tax bracket ... so the job is actually causing more trouble than helping. If I quit the job now and file bankruptcy in February/March/April will it come back to haunt me?
Regarding the $500 I paid ... unfortunately the check already cleared ... all I can do now is talk to the attorney and see whether he will be willing to refund a small portion, since the consultation was on Dec. 30 and their offices are closed for the New Year's weekend it must be reasonable to assume that he has not done any additional work ... I will contact him first thing Monday morning.
Thanks again for your responses.Comment
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Yeah, that seems odd that the attorney would recommend a 13 when you only have a part time job (unless its a well paying part time job). Are you behind on any secured debt (i.e. car) that needs to be made-up so you can keep it.Originally posted by CeCe74
Good luck with whatever you do.Comment
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No, actually the part time job is in addition to my full-time job.Comment
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i do not recall signing a retainer agreement with my Attorney. I could be wrong though. It sounds like he was turning you into a money mill."You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers
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