Question regarding BK Lawyer...

[tiredofdebt1]

Is it true that BK Lawyers don't answer any questions after the initial free consultation...until they are completely paid? I really like my lawyer..and she's out of the office this week.....her secretary pretty much told me that my lawyer will not be able to answer any questions regarding that letter i received from my auto finance company..until the fee is fully paid....then she acted like she had a little attitude..not sure what that was about....

[Carlysmom]

My attorney would answer any questions we had, after we paid the retainer fee.

[tiredofdebt1]

and see..my retainer fee has been paid......

[Boscoe]

That is not a good sign.....they should be cooperative with this. And to ensure they do get paid, the fee must usually be paid in full before they will file the papers.

[325Falcon]

If you can aford to walk away, I would.

[HHM]

It's not uncommon and it is not a "bad" business practice. I suppose it depends on the amount of the retainer...but look at it this way, lets say a person retains an attorney for $100, then mines that attorney for information, taking up the attorney's time, and ends up not filing with that attorney.

I would not worry about it too much.

[PaKettle]

Is it true that BK Lawyers don't answer any questions after the initial free consultation...until they are completely paid? I really like my lawyer..and she's out of the office this week.....her secretary pretty much told me that my lawyer will not be able to answer any questions regarding that letter i received from my auto finance company..until the fee is fully paid....then she acted like she had a little attitude..not sure what that was about....

HHM has a good point. But how much did you pay him for the retainer? If it was over $300-400 I should think that he would answer a simple question or two. If it became a regular thing, where you were asking LOTS of questions, then I could maybe see him enforcing such a policy.

Personally it doesn't sound good to me. While it may be "excusable" and not cause for firing him, I wouldn't probably give him a good recommendation.

One point is, since it was just the "secretary" who said it, I'd call back and ask to speak to the attorney and ask him about it, personally, about the policy of not answering questions, I mean.

[HHM]

And even still...you hired the lawyer to perform a BK...so talking to you about a letter you received from your car finance company isn't really within the scope of representation. Granted, your attorney can probably answer the question...but honestly, you have read the letter, the letter says what it says...unless the letter is written in a language you can't read, I can't imagine that the letter would be all that confusing (no offense intended).

Even if the letter was "important" in the large scheme of things, there is NOTHING the attorney can do about it until you pay the attorney in full and begin the process of providing all the information the attorney needs in order to file BK.

[tiredofdebt1]

I paid him $260....and only owe $715 which will be paid on Monday. i was advised on here to call my attorney regarding the letter i received....they also sent it certified..but im not picking it up....HHM..you sound like the secretary who pretty much said the same thing you did....i just wanted to know would they come and pick my car up in a week....and im only 22 days behind.

[DivorceRuinedMe]

The paralegals all talked to me before I paid a dime. They were very helpful and answered any questions I had. I never asked specifically to speak to the atty though as all my questions were pretty easy to answer. If I had, I'm not sure if she would have talked to me or not.

[WantToBeDebtFre]

My attorney answered all my questions before I even paid him a dime. I think I've really lucked out (I hope). He even stayed late in his office last night so I could come in and sign paperwork after I got home from work. I also send my attorney a lot of e-mails which he usually answers fairly quickly (a day or 2). Does your attorney have e-mail?

[HHM]

I paid him $260....and only owe $715 which will be paid on Monday. i was advised on here to call my attorney regarding the letter i received....they also sent it certified..but im not picking it up....HHM..you sound like the secretary who pretty much said the same thing you did....i just wanted to know would they come and pick my car up in a week....and im only 22 days behind.

Go get the letter...jeez...if the letter is some type of "required notice" the law only requires the car company to "send" the letter, so any legal requirements that the car company needs to comply with have been met. You picking up the letter does not make the letter any more legitimate. If you are only 22 days late, my guess is the letter is simply a "scare" letter and they sent it certified mail to make it "seem" important.

I am always amazed how freaked out people get over "letters", think of it this way...your 22 days late, you know you are 22 days late, they know you are 22 days late....you KNOW that there are consequences to being 22 days late,...the car company knows it has options when a debtor is late...so what could possibly be in the letter that you don't already know.

Honestly, you want to ask your attorney about a letter you haven't even seen...I wouldn't take your call either.

[tiredofdebt1]

HHM...i did get the letter in the mail...and it stated that it was certified....yesterday i finally got a notice from the P.O telling me to stop by and sign for a certified letter..which i am not going to do.....sorry if im "FREAKING" out...never been behind on my car before....but it was my attorney's advise to stop paying because im surrendering it during bankruptcy...you don't have to try to make me feel like an idiot....i just had a question.....if i cant come here and vent or ask questions...then where can i go????

[HHM]

Well to answer your question...Virginia has what is known as a peaceful repo law...which means, ANYTIME after default, the lender can repossess an item of movable property, without judicial process, so long as there is no breach of peace. So yes, your car can be repo'd anytime. However, no one, not even your attorney can give you a time line as to how long a particular lender takes to start the repo process.

As for you feeling like an idiot...I have no control over that. All I can do is provide information, how you interpret that info (i.e. even though there is NO harm or consequence to you to picking up the certified letter, you still refuse to do it, and still want to ask your attorney about a letter you haven't seen), I cannot control that.

I am not saying you SHOULD go pick up the letter...but I'd rather you not pick it up simply because you don't want to, and not out of some fear that doing so is going to make your situation worse.