How long should I have to wait for a response from my attorney?

[deedee642]

I walked out of my attorney's office on Wednesday. This was the day we were suppose to file; however, there were so many surprises that I was bombarded with that I said I needed to think about it. He said, "well, let me know what you want to do." I emailed him that night with some questions. I can't let him know what I want to do if I don't have answers to my questions. He still has not answered my email. I know that I am not his only client. What is a reasonable amount of time to expect a reply to an email to your attorney? It is now the weekend. So I know I can forget about a reply. I am so frustrated. Also, this guy only files 2 times a month. He says, otherwise, he would constantly be in court. I guess I get that; however, if he does get back to me, then I miss another deadline. Ughhhh., Can anyone recommend a good attorney in Wisconsin - Milwaukee. Even though I have invested $800.00 in this guy. I am so upset. This has been such a bad experience.
Janice

[despritfreya]

This begs the question. . .

What surprises were you bombarded with?

[tobee43]

I walked out of my attorney's office on Wednesday. This was the day we were suppose to file; however, there were so many surprises that I was bombarded with that I said I needed to think about it. He said, "well, let me know what you want to do." I emailed him that night with some questions. I can't let him know what I want to do if I don't have answers to my questions. He still has not answered my email. I know that I am not his only client. What is a reasonable amount of time to expect a reply to an email to your attorney? It is now the weekend. So I know I can forget about a reply. I am so frustrated. Also, this guy only files 2 times a month. He says, otherwise, he would constantly be in court. I guess I get that; however, if he does get back to me, then I miss another deadline. Ughhhh., Can anyone recommend a good attorney in Wisconsin - Milwaukee. Even though I have invested $800.00 in this guy. I am so upset. This has been such a bad experience.
Janice

deedee...maybe if you list some of those questions like des as pointed out...you may get some input here that may help you.

don't be upset...i understand its frustrating, but you will make it through this. the other thing is, if you don't feel totally comfortable with this atty and have NOT paid the firm, i would begin to shop around.

it do believe it's important to be able to feel as comfortable as possible in this very uncomfortable situation. there are excellent attys out there, you just may need to find yourself one. i just don't understand why the atty let you leave the office with so many questions? i would have stayed until every question was answered.

[deedee642]

I have already paid him $800.00. I had asked him questions like why were my home owners fees not listed. Also, (I'm sorry if this is redundent because I referenced this in another post) I am a teacher who does not receive a paycheck in the summer and have to put away money during the school year. I asked my attorney to account for this, he did not. He is listing this as "disposable income" all going to the creditors at 100%. I also asked him to include the cost of my continuing education and license renewel for my job (my job does not reinburse for tuition) he did not list this anywhere. My attorney only files two days a month. So because, he didn't get back to me, we missed the filing date. I now have to scramble to make some payments I was not anticipating. I don't know if I am going to even proceed. I just don't know what to do. I, frankly, want my money back. However, I don't see that happening. I wonder if I wouldn't be better off filing on my own. At least I would be looking out for myself. I do not feel like he is advocating for me.

[deedee642]

Surprises

Maybe "bombarded" was too strong of language. However, I was very surprised when I read the paperwork. When I had the initial consultation my attorney said things like, "well you could be paying pennies on the dollar" "I'll go over the numbers and we'll see if it will be a Ch. 7 or Ch. 13. When I expressed concerns over being able to pay my mortgage, etc I was told, "I think you are underestimating how much disposable income you are going to have." I was very clear about how I have to take money out of each check because I do not receive a paycheck for 6 weeks in the summer. He did not account for this at all. I also very carefully and honestly filled out the budget and all other detailed paperwork. Then when I saw the actual filing. It was not a 7 like I had hoped it was a 13. Then it was a 13 with 100% payback over 5 years. The payment to the trustee was going to be $1800 a month. The budget figures were all way lower than I had anticipated and items were completely eliminated. The trustee and others were to receive $8,000 in fees. It was all too much. Unlike many others on this forum who have been carefully planning their bankruptcies, I went into this suddenly. I should have prepared myself better. I just stopped signing all of the documents and said I wanted to take everything home. I sat down and figured out that I would have $37.00 left over after I paid the trustee, my mortgage, home owners, taxes, insurance, etc. I also noticed that he did not include the items I asked for and the figures are reduced. It is almost like this is the "easiest" way for him. I don't now, I just have that feeling. Like he isn't advocating for me. Like he doesn't want to argue some of the expenses.

[Pandora]

I just stopped signing all of the documents and said I wanted to take everything home. I sat down and figured out that I would have $37.00 left over after I paid the trustee, my mortgage, home owners, taxes, insurance, etc. I also noticed that he did not include the items I asked for and the figures are reduced. It is almost like this is the "easiest" way for him. I don't now, I just have that feeling. Like he isn't advocating for me. Like he doesn't want to argue some of the expenses.

Why would you go with this attorney then, as stated before? Trust your instinct that something isnt right - read what you've written in your postings regarding this every thing; you already know that this attorney is not looking out for your best interest, so why use him? What items are you asking for that he is omitting?

Find another attorney - most consults are free of charge. You're set up to fail before you even begin your CH. 13. YOU must be comfortable with your attorney choice and its quite obvious you are not.

[deedee642]

Wow, I am not "using him". If he would ever return my call I would fire him. He did not account for the fact that I do not receive a paycheck for 6 weeks in the summer. He did not include my home owner fees. He slashed my budget below my states allowable deductions. He is taking income that I need to save for the summer and using it as "disposable income" to pay the trustee and himself.I grabbed the paperwork and walked out of the meeting. Does that sound like an indecisive person???? Gee, judge me some more! Obviously, I am not using him, but hey, thanks for judging me. Yeh, consults are free; however, you do not get any concrete information in those consultations. I have had many. You get the, "well, I would have to run your numbers, etc...." I get the "oh, you will probably pay pennies on the dollar, or "oh, well it could be Chapter 7 or Chapter 13 we'll have to run the numbers" Then, $800.00 later, I'm looking at a Chapter 13 with 100% payback. I've interviewed 3 attorneys and spent probably 50 hours online researching. I've given up. They can have the house, you can post your sarcastic reply, I just don't care anymore.

[NoTomatoCan]

Deedee - I think you misunderstood Pandora's use of the phrase "use him". I don't think it was meant that you were taking advantage of your attorney by asking questions and expecting a reply, but rather why retain the services (or "use") this attorney. There are very few sarcastic posts on this forum. Mostly good folks who are trying to help.

Anyway... My reason for posting is that I have another reason to seriously think about changing your attorney... Who the heck files manually anymore? Not to mention who files manually only twice a month? Further more, who files manualy, twice a month, and has to run the papers to the courthouse him/her self (isn't that what assistants/paralegals could be doing)? Plus, I thought almost everyone filed electronically. What happens when your attorney needs a motion filed at the same court?

That "only files twice a month" policy seems odd and very customer unfriendly.

[deedee642]

NoTomatoCat, I understood her verbage of "use him" to mean keep retaining him as my attorney. I wasn't confused by that. I felt when she wrote "read your own writing..." etc. I don't know I just was insulted. However, I understood what she meant. That's why I clarified that, again, if I could ever get a hold of him I will terminate our relationship. It is just extremely frustrating because timing is so important in these matters and this is really going to screw things up. Also, I am out $800.00. I don't think that he "files" manually. I believe his motivation for only filing twice a month is so that when he has the 341 hearings he only has to physically go to court twice a month. That way he just represents all his clients on those two days and in his words "is not running back and forth to court". I agree not very customer friendly. I am new to all of this, so I am not sure what standard operating procedure is in this matters; however, I am learning the hard way. Also, an expensive lesson. These forums and contributors like yourself have been a lifeline!
DeeDee

[Pandora]

NoTomatoCat, I understood her verbage of "use him" to mean keep retaining him as my attorney. I wasn't confused by that. I felt when she wrote "read your own writing..." etc. I don't know I just was insulted. However, I understood what she meant. That's why I clarified that, again, if I could ever get a hold of him I will terminate our relationship. It is just extremely frustrating because timing is so important in these matters and this is really going to screw things up. Also, I am out $800.00. I don't think that he "files" manually. I believe his motivation for only filing twice a month is so that when he has the 341 hearings he only has to physically go to court twice a month. That way he just represents all his clients on those two days and in his words "is not running back and forth to court". I agree not very customer friendly. I am new to all of this, so I am not sure what standard operating procedure is in this matters; however, I am learning the hard way. Also, an expensive lesson. These forums and contributors like yourself have been a lifeline!
DeeDee

Okay first of all - yeah you did misunderstand what I wrote and its context because you took it as me judging you. Second - as NoTomatoCan pointed out most people on here arent sarcastic, judgemental or anything of the sort - we're here to help - and that includes myself, contrary to what you thought or believed in my posting above. I'm sorry if you took it the wrong way - we all know its frustrating to be in this situation, we've all been there and some are still there.

With that being said - I was going off of your other postings that you've posted thus far, past issues with this same attorney and you asked the same questions as well. You were advised that you should find another competent attorney as this one doesnt seem to know what he's doing and is definitely not looking out for your best interest at hand. As far as "letting him go" - again, you were told that you arent obligated to this attorney even though you've paid him $800 - you can seek other counsel. You may not receive your retainer back, but harder lessons have been learned.

I'm sorry if you find what I wrote hard to swallow, but I was not being judgmental at all. It comes down to you yourself are writing that you are not comfortable with this attorney and have posted as much several times. That should tell you that you shouldnt use him, period. That is what I meant by "Trust your instinct that something isnt right - read what you've written in your postings regarding this every thing;..." You already know he's not looking out for you or explaining things to you - so why would you continue to use him?

If you stay with this attorney, chances are that you will not complete your Ch. 13 plan - you stated you only have $37 left and cannot fathom how you can make it. Trust that part of you that knows this.... it's usually right. Only you can decide what attorney you will use, if you use this one, then you will get what you pay for. I know consults dont convey much, however if you do all the tests first (means, schedules, etc) then you can go into consults armed with knowledge of what it actually will look like.

ETA: Based off of your initial posting here - it was implied that this guy was your attorney

[Cristo]

DeeDee,

It is frustrating to have to get another lawyer. I ended up wasting $2000 on one that was doing a similar thing. Sucks, but looking back on it I'm sooooo glad I did. He did not care that I could not afford the plan he came up with, he just wanted to not have to fight and take the easy route. I even had to sell jewelry and pawn some stuff to get the fee to pay my new lawyer but it turned out to be the best thing I could have done. I will save thousands over the course of my plan. I wish I knew someone in WI to send you to!! There is no way you should be in a 100% plan. I just wanted you to know that you are not alone and I think you are doing the right thing by questioning this bozo. Keep your chin up and find someone who will fight for you. We are here for you.

[deedee642]

Pandora-
Did you ever consider representing yourself? It seems like as clients we have to do so much of the work. After this experience, and all the time and energy I have spent double checking everything he did - I started wondering maybe I can just do this myself. It may sound like I am "with this attorney" just because he will not return any of my phone calls or emails. I guess he did not have any answers to my last email. So "technically" I have not been able to let him know that I no longer require his services. I want to try to get the filing fees and some court fees I paid ahead of time back, since HE WILL NOT be filing on my behalf. I was supposed to have filed on November 11th (my birthday) however, I walked out of his office the night before after getting a look at the paperwork and listening to his condensending nonsence. Thanks for all of your responses. I guess that I am just feeling a little over-exposed and hyper sensitive throughout this whole experience. I feel like my whole life is being examined. It is going to be so hard to work so hard for my paycheck and then be told how I can spend that money for the next 5 years. I'm beginning to see why so many fail.
DeeDee

[tobee43]

deedee, we filed chapter 7 and still being on this forum i have learned much about chapter 13's and how some have been able to manage. i think or thought much like you did.

pandora is a shining example of how one can succeed while going through a 13. i really do admire her strength, i don't think i could ever do it. i think and i can only speak from what i have learned from her, much of it's your state of mind and how your going to climb to the top of that mountain and stick that flag high so everyone can see it loud, proud and clear.

for many, it's a way to breath and begin again, and some actually save money.

this is an extremely emotional time for you deedee...most of us have been through this and it's such a roller coaster of feelings and fears of what is to come of us.

i want to tell you...it's going to be ok. but for now, you just need to clear your mind, TRy (i know, much easier said that done), but TRY and relax and clear your thoughts. start again when your mind is clear and then go down the line of what you need to get accomplished to reach your goal....you'll make it! best of luck...we are here for you!!

[deedee642]

ToBee- Very insightful. Because I am all over the place. As I drove to my "previous (as soon as I can fire him) attorney's office" I was almost giddy. This was finally going to be resolved and one day before my birthday, blah, blah, blah. I was finally dealing with this. I had scrambled and reached all of the deadlines. Then to get there and see the paperwork, not only was it not a CH. 7 but it was a CH. 13, then I read on, and it's a CH 13 with a 100% payback, then I take the paperwork home and see all the other problems and oversights. Then of course I go into total panic mode. This bozo told me to stop paying my credit cards. Hey, why not, I was going to be filing B.K. Well, now I'm not filing. So now I'm just in panic / not-focused mode. I scramble to get enough money together to pay my car payment (I don't want it repossed). I (honestly) just fall back into that good little consumer "oh my god which one's are closest to 30 days past due" and I'm scrambling to pay the minimum on any cards that I could. I have struggled so hard, working THREE jobs for the past FIVE years to bring up my credit score and buy my own home. It was my dream that is now becoming my nightmare. I am in panic mode and making crazy moves. "Save my credit score" / Lose the house or "lose the credit score" / Pay the Mortgage. I thought that last week it would all be resolved, NOT! I hate this. It is like everything is coming undone and I am losing all control. I am making stupid moves and expensive stupid moves. I am talking so out of character, like maybe I won't pay anybody anything until I can figure this all out. (I have not missed a bill in 5 years - I had to work 5 jobs to do this, but I did it all by myself). This is probably the most difficult thing I have ever done or gone through. Thanks for your very kind words. You will really never know how much they meant to me. There is just no one I can reach out to. I am not telling anyone that I work with. I do not want to worry my mother. My boyfriend is being a totally jerk. He filed a quick and easy Ch. 7 like 10 years ago and has no clue about the new rules or how Ch. 13 work (plus I have income/house/403B/etc) my God they are talking about $1800 a month. So not much support there. I should have came to this forum FIRST! Then proceeded. Gee, what did people do before the internet??
DeeDee

[clevelandmom]

Hi Deedee,

Just my $0.02 (which is only worth 1/2 a cent these days ) - I work for attorneys and this is not acceptable. If I were you, I would demand your money back and go elsewhere. If you are uncomfortable now, you are going to be uncomfortable through the whole process. I honestly don't even know of bankruptcy courts that accept hard-copy filings. Most are electronic now. This attorney may be a nice person and all, but it sounds like his practice is a bit outdated. If any attorney where I work were to leave his clients hanging like this guy is doing to you, they would be seriously reprimanded by the managing partner. In the age of cell phones and emails, there is no reason for this guy to leave you hanging with your questions.

In the meantime, try to relax (Sangria works for me ), breathe in, breathe out, and know you are among friends here. We are the good guys and are on your side. (((many hugs)))