What if you change your mind about attorney?

[CAB_44]

My husband and I are thinking it's possible that we hired the wrong attorney for our case...
We have only paid 300. in attorney fees and have given her all necessary
papers (copies only), but have not filed yet.
Can't we change our minds and go somewhere else?
Of course we understand that we will loose the 300., but that is minimal to what we are afraid we'll lose using her as our attorney~
She just doesn't offer much info, and at times we both feel that we're not sure "Whose side she's on" ... we have to pry information out of her...
what do you all think?
Thanks!
CAB

[Stephie-Lynn]

After the experience I've just had with my attorney, I'd say run as fast as you can!

However, you may lose more than $300. Check your retainer agreement for language that states if you bail out that you might be billed for her time spent on your case.

If you are uncomfortable now, the entire process will be that much harder.

Good luck.

[CAB_44]

I just looked at a copy of the papers she had us sign, and it looks like we could lose another 275. if we bail out on using her....
hhmmmmm........dang it~ well...maybe I'll just sit tight and see what she tells us at this point~
thanks SL ...I appreciate your response

[Stephie-Lynn]

You're Welcome! Glad you read the paperwork.

Why are you feeling uncomfortable? What exactly has she done (or not) to make you feel like you don't want to use her.

Maybe we can hash it out and you can communicate directly with her on your feelings.

[CAB_44]

Hey Steph~
Well....just a few "little things"~
it's like we have to PULL info out of her, she doesn't OFFER much info.
It may just be her personality, she has a really dry sense about her, I really just don't know how to explain it...
I think it's my gut feeling....I had it from the start....but my husband liked her, and now he's not sure....
it's just little things i'm worried she'll leave out on the means test etc....
When we first talked with her, I told her I had seen another attorney and he said just by looking over the paper that I brought to him (out financial situation) that we probably wouldn't have to pay on a 13 more than 30K (for a 96K CC debt.....I told her this and she just kind of sneared and said, no it's probably gonna be more than that.....not sure how I felt about that comment.....and just a bunch of other things.......it's all little stuff, but I'm starting to get really nervous...you never know I guess until you get head on into it whether or not you made the right attorney choice....I guess~ maybe it's just the pre filing jitters.............She does have a dry personality, but she is nice and is not sarcastic, but I am wondering whose side she is on......
oh well, thanks for listening~ I'll just be glad when we get this "filed", I think.....

"SOME DAYS ARE DIAMONDS...SOME DAYS ARE STONES....." okay BassBoy....how's that one for a "song that keeps playing over and over"....HAHAHAHHAHA!!!!!!!! inside joke there...we were debating what songs can irritate you on another thread!!!!! although I like the song...and I just keep reminding myself of that.....some days ARE diamonds and some days ARE stones.....LOLLOLLOLJohn Denver tune....love it!!

[Stephie-Lynn]

So you don't really feel she's incompetent, you feel it's just a personality conflict?

I know it's hard to be forthcoming, but perhaps just telling her you don't feel well informed may help improve the situation?

[CAB_44]

well, you know, I guess you just don't want to make waves with them, because you feel you're at their mercy~ and aren't we????!!!!!!
So, maybe I'll just ride it out, and try to think of a diplomatic way of getting the info that I need~ it's just that I think they should make it obvious that they are on your side.....maybe even if they aren't~ lawyers.....shystie people.....aren't they??!! LOL

[SinkingFast]

Cab,.............

I got the same feeling chatting with a couple of attnys.

I mentioned what one attny told us to another and got a similar reaction. I don't if it's "one ups manship" or what.

And then one, I mentioned about seeing something on PACER and that chick liked to blow a gasket. "How do you know about PACER??!! How did YOU get access to PACER??!!" Like I'd committed some sort of Federal Crime or something.

Your attny may be a fine practitioner with ZERO bedside manner.

OR,...........

Your gut could be telling you something and you need to be listening to that little voice you're hearing.

The problem is figuring out what you're dealing with.

One BIG, BIG indicator is how quickly the attny gets back to you with an answer to a question you call in with.

The attny doesn't have to call you directly herself. But does she have her assistant call you back with some sort of answer?? Within a relatively short period of time. A day or so? By the end of the week? Or are you calling back the next week with the same question and still no answer and no response.

We hired one attny. We both liked him during the Consult. He was quick to respond until we paid him $350 to handle a DIL offer for us prior to our filing BK. Then we never got another answer to another question. A month later, he hadn't done anything but request a boat load of paperwork from our Realtor. That's when we dropped him and moved on.

The attny we wound up with has responded to every phone call and email. Given us good advice all the way. Even tho the waiting is killing us he's been on point the whole way.

[CAB_44]

Thanks SF~
I think it may just be that she has not much "bedside manner"....we actually haven't had to call her office yet and ask a question...just finished turning in the paperwork, and the last time we met with her, she told us that we could call at anytime with questions and her assistant would probably be the one to answer our questions, but if she couldn't well then she (attorney) would call us back.
I was the one that was SLOW in getting the last of the few papers to her, but I was shocked ( because I thought neither us or her were in a hurry ) when she sent us a copy of the list of papers we needed to get to her after our first meeting was red stamped with "2nd notice" imprinted on it...... we had been taking our time because she told us that "the time we should file is down the road, no hurry"...and we aggreed to that...so I just kind of tought...."Well.... I didn't think we were in a hurry here....." ... but it was almost at 2 weeks....hhmmm....maybe she thinks I'm the one with the problem.....
I think that it's very possible I am just getting the "what-if" jitters.....reading some of the attorney horror stories here..... it can get me to thinkin' i'm scared to go through this.... need to take some of my own advice.....LOL....calm down....
She's probably ok....I think she just has a really "dry" personality...her office was well kept, she had files on her desk that were neatly stacked, and the office seemed to be running smooth....she had just got back from a vacation, and the office was incredibly "sane".....it's more than likely I am just paranoid..... (ya think....hahahahahha???!!)
yeesh...I guess it's the NOT knowing...what is next~ I am the type of person that likes to have some sort of control...and at this point, I don't feel like I am in control.....well...I'm not, it's just turning over your most personal information to a complete stranger (a dry stranger at that) and not knowing what's next......what is going to be your future for the next 5 years....more of the junk that I have been in...I've spent the last 10 + years thinking...just another 5 years...and that has come and gone several times, and yet it's gonna be ...just another five years.... depressing...
OKAY~ that's enough of that talk for me......LOL~
I guess I'll know more as we go on...looks like she's gonna have to do for now~ I can't really be out another 600. and it could be almost 2500. if we drop her......so....we'll see what this week brings~as she has received our papers, I guess she'll let us know..the ball is in her court now~
Thanks for listening.........I appreciate your time! and thoughts!

[Hot-Tod-E]

Yes, unfortunately when we declare bankruptcy and asking the court for protection from our creditors, we turn our control over to the court. It is hard to swallow, but in the end it will be okay and you'll do just fine.

You seem to have a great support system here and that should help you tremendously.

[CAB_44]

Yes, H-T-E ~
It has been a hard pill for me to swallow
And I don't ever want to have to do it again~ EVER!!
It took me a LONG time to swallow that pill actually~ I wish that I had swallowed my "pride" a long time ago, and this could be over~
I have been in this rut for 15+ years trying to dig my way out...tried everything, refinancing,transfering balances when I got a great low interest rate (that's a whole other thread...LOL), cutting up cards,refinancing AGAIN, the whole bit...and I never thought I would be here....but I am~
It's not a show I care to star in again
The people here ARE FABULOUS~ without them so far, I would have had a nervous breakdown for sure~ their advice and support has helped me tremendously~ I would'nt trade for it~
My many thanks to ALL who have helped me, and will continue to help me!!
Friends in need, are TRUE friends indeed!!

[alh]

As for the additional $275, couldn't that be discharged in BK.

[Jman30]

CAB,

I know exactly how you feel. My attorney was the same way at first. He was gruff and sort of waved off my questions with a dismissive air. At one point, he had his son who had JUST happed the Bar exam helping me and I was like "uhhhh....can someone else be first client?" He even said something to my son who was swinging around in one of the swivel chairs to sit still.

BUT....the thing that attracted him to us was his experience. He had been doing it for over 15 years. After I got to know him a little, I realized his gruff nature was just how he was. He was not dismissing my questions with a wave of hand out of arrogance.....but out of experience. He had heard the same question so many times, he knew the answer before I finished the question.

As time went on, and I had questions, they were always quick to respond, even if they were still gruff. LOL

He did an AMAZING job for me....always fought for me, always filed things with our best interests in mind....he was just a grumpy old man. LOL

[CAB_44]

Hey JMAN!!!!!!
Good to hear from you!!!!
Yes, I think you are right~ something she did tell us, was that the way she got started doing BK's is that her own mother had to file BK and she wanted to help her, it was her first one...she had someone else who was more experienced at itto help her, but she did a lot of the work too....so...I guess I just need to stop fretting and resolve it'll be okay!!!
Thanks for the support~ it helps that others have kind of had the same type of attorney in the way of personality~ she doesn't seem so much grumpy~just quiet.....not offering too much info unless we ask...but how do you know WHAT to ask......that's why this website has been SO important to me.....
And yes, I do understand what you said about the attorney hearing the SAME Q's over and over again....
that's kind of like when I was carrying my kids and my clients would come in and ask the SAME Q's over and over...I threatened to TAPE my dialog for them as to not have to go through it ONE MORE TIME.....hahahaha~
the one that would be the kicker there was...."what do you want"???
Like I had a choice...hahahaha~i'd just say "a HEALTHY baby would be just great"....for all I know, they probably felt like I was being snotty too.......hahahaha
Thanks again~ I appreciate YOU!!!!!!!!

[Jman30]

CAB, my lawyer was not very forthcoming with offering up information either. He was only telling us what we thought we needed to know. After awhile, I learned to write down my questions and made sure I got EVERY ONE of them answered. I am sure it irritated him....but he was MY lawyer and he was getting paid to represent me.
He actually said at one point that "he liked my style" when I kept asking question after question. He said some people file and he is amazed that they have no questions.

I hope all is well with you!!!