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    Paralegal question..

    Is it your experience that the laywers look over the paralegal's work before drafts are sent out? I seem to be catching mistakes that shouldn't happen. Example, in this last draft they removed my 401k loan from my payment plan (mistake I caught...) but I now see they are proposing even less to the plan. Yes, I love the number but it is not enough to fund the plan as we have back taxes and back child support that has to be paid off in the plan which the number they are proposing is over $200 short of all the things that have to be paid off...guess I am just venting. I love this site..I would be clueless if I didn't learn what I have here.
    Filed CH13/5yr 7/29/10
    341 10/7/10
    Confirmed 11/7/10

    #2
    That is why you were supplied a draft...to review it and get back to them with any mistakes, questions, etc. A paralegal is not a lawyer and cannot give legal advice. A paralegal works under the direction of an attorney. You need to contact your attorney and go over your concerns so that any changes can be made.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      Thanks Flamingo. I have emailed my laywer along with his clerk so they can fix it. I am just glad I have learned what I have so that I can double check their work. I don't think the typical person going into a CH13 would know to catch these type of mistakes I have. Doing my homework is paying off for me and glad I have taken it upon myself to read back on as many posts and learn from others. Thanks!
      Filed CH13/5yr 7/29/10
      341 10/7/10
      Confirmed 11/7/10

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        #4
        My attorney and paralegal made numerous mistakes on our paperwork, and I did not see any of it until after it was filed. Don't count on your attorney to catch mistakes, insist on getting a review copy of absolutely everything before it's filed.

        My attorney and his paralegal both claimed that most of their clients don't even want to see the paperwork, they just want to be told when it's over -- and that I am their first client ever to get stuff from PACER. But I refuse to hide my head in the sand when the next 5-10 years of my financial future is at stake. I've let them know that I need to see everything before it's filed in the future!
        DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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          #5
          I would be annoyed if my atty's office missed obvious things like that - but ultimately it is up to us to make sure all is correct before we sign off...
          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.)

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            #6
            I was beyond annoyed. I completely agree, it's up to me to be sure all documentation is correct -- but I can't check to be sure it's correct if I never see it. One of the things they effed up was my address (!!), so we didn't even get copies of court docs by mail. Thank goodness I knew (from this forum) how to find it all on PACER. They were completely shocked when I did that.

            The paralegal told my DH that once we retained them as our attorney, they can use our electronic signature on all documents filed, whether we review them beforehand or not. Supposedly most of their clients are totally fine with that. But we vetoed that practice immediately, and I continue to reinforce it at every opportunity. I am not ready to hand over that level of trust, especially now that they've screwed up some really basic stuff.

            Sorry tammygirl1, I don't mean to hijack your thread...I mention all of this so that people know it's a possibility. You just never know with attorneys.
            DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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