HELP!! I'm freaking out!!!

[sophie]

Here's a good one. The lawyer sends me a bill for $2,000 every 21 days. Now he wants a retainer of $2,000 to go to the deposition. As of now I have paid him $3,000. And we owe him $6,000. I told him I could borrow $600 from a family member and then pay him out over the months. Our deposition is next month. He told me he needs to be paid NOW and as of today, he can not proceed with our case (which has been going on 8 months now). In my letter I also stated that if this turns into a 13, he will get paid in the plan. SOOOOO, besides the fact that we are in more debt than when we started, and the trustee is out for blood, my question is, can we proceed without a lawyer? Can we go to the deposition ourselves? Can we then go on to the court hearing ourselves?

[lrprn]

Sophie, since your trustee is "out for blood", heading into court without a lawyer is a very bad idea.

Did I understand you correctly? When the dust settles, you will have paid your lawyer $2000 to go to the deposition, the $3,000 you already paid, plus another $6,000 for a total of $11,000????

[sophie]

Before the dust settles we have to pay him an additional $6,000. If we end up in a 7 it'll probably be another $6,000 or so he'll bill us. And if we do go into a 13 he wants to get paid now or he won't not only take us to the deposition, he won't go to the court hearing or set up a plan. He doesn't want his fee in the plan. He wants to be paid now. Bottom line. We have to come up with $6,000 by this week or he's done. We're on our own. This has to be the absolute worst nightmare ever.

[petrified]

your lawyer....

....could be in trouble, Sophie. It really sounds to me like your attorney is some kind of *&#^$% if you know what I mean!. I saw your post a while ago and tried to do some research for you. Possibly, your lawyer might get in trouble with Rule 9011, he may not get all those fees, he might face sanctions and such like since it seems he is the one that caused these problems for you.

If he does refuse to go to the deposition and hearings, then if you can somehow bring this up - he might get in trouble for not representing you fairly??

If you do pay the fees, US Trustee might make him pay them back.

Regardless, he is not going to get to keep all of that money. Check out Rule 9011 of BAPCA. Also, here is a website with some fantiastic information and links to all kinds of other blogs and case information www.bankruptcymedia.com/

Some other links for you:

https://www.wcl.american.edu/journal/lawrev/55/eisler.pdf

labankruptcyforum.org/programs/2005/LegalEthicsBankruptcyAttorneys.pdf

https://www.usdoj.gov/usao/eousa/foia_reading_room/usab5405.pdf

https://www.chi13.com/Web/newsletters/Newsletter2006Jun.pdf

Hope this helps a little and I truly hope that you get through this and all turns out well.

P.
(341 was adjourned.....US Trustee snooping.....)

[quietsound]

ummm, i don't know about the rest of you but if this were me, i would be finding a different lawyer. imean i'm doing a 13 and i'm not paying anything like that at all for legal fees. it's best to shop around

[SinkingFast]

I know the local Court sets the limit for fees that can be charged for 7 and 13 BK's, but I don't know if that holds for additional representation that may be required.

I know the paralegal told us our attny charges $2K up front to even begin an Adversarial. Adversarials can get very nasty and protracted,......... translate expensive for a filer. The paralegal went on to tell us, our attny was very thorough and had only had to deal Adversarials a few times in the 10 years she's been working for him. At that, he knew in advance, and informed the clients to expect that problems may occur.

Still,......... $6K does seem steep.

Sophie,........... You might want to check your Court's home page. There should be a .pdf file of Local Rules there stipulating the allowable fees that attnys can charge. Also check the "News" bulletins. Look for updates about fees there as well.

If you don't find anything on your Court's home webpage, call the Clerk of the Court's office. Tell them what's going on and ask if this fee level is legit. At the very least, your attny should get paid the remainder of any fee due if you are forced into Ch 13 from your Plan.

[sophie]

Thank you

You guys are the best. Thanks so much for finding out this info for me. I'm gonna check out everything you suggested. I'll keep you posted.

BTW. My first reaction was to fire him. However, we are soooo long into this with him and it is the end of the road (some day) that it's just not worth my emotional energy. I don't have any to spare. I wish I could just go to someone else but it's just not an option at this point in the bk.

[sickandtired8]

What the ????

You have got to be kidding! What a crook!! Sue him~SandT

Here's a good one. The lawyer sends me a bill for $2,000 every 21 days. Now he wants a retainer of $2,000 to go to the deposition. As of now I have paid him $3,000. And we owe him $6,000. I told him I could borrow $600 from a family member and then pay him out over the months. Our deposition is next month. He told me he needs to be paid NOW and as of today, he can not proceed with our case (which has been going on 8 months now). In my letter I also stated that if this turns into a 13, he will get paid in the plan. SOOOOO, besides the fact that we are in more debt than when we started, and the trustee is out for blood, my question is, can we proceed without a lawyer? Can we go to the deposition ourselves? Can we then go on to the court hearing ourselves?

[PaKettle]

Unless your case has some VERY unusual circumstances, it sounds to me like this guy thinks you are a chump and is trying to gouge you.
I'd maybe call the state bar association and ask them about this!

ANd maybe another attorney will take your case to sue this attorney, for causing undue stress and financial loss at a time when you least need that abuse.

[familyof7]

Another attorney consultation would be wise

[JRScott]

Folks lets try not to necro old posts. I was looking back and this thread seems to have been one of the last sophie made. I wonder how things turned out, its been 4 months.