A Question Of Ethics?

[DrGuitar]

I have posted this on another forum but would love to hear any advise or info from anyone hear on this matter:

Hello, I retained a lawyer on February 1st 2008 to file Chapter 7. I submitted their petition questionnaire back to them on February 7th. I have not heard a word from him sense. As a matter of fact, I have never heard from, or seen the attorney at all. I speak to his secretary every week asking if there has been any progress or any word from him and her response is always " He hasn't call you yet? I'll call him and see what's going on" but she has never called me back, and the next week it is the same story. I see that most cases are filed about 3 weeks from the time the attorney has your info. It's been almost 3 months!

My wages have been being garnished for over three months now (25%), and between that and the attorneys fees I have nothing to live on for the month. I now work very hard at a low paying job, and have no assets. I was a fairly successful musician until about 4 years ago when I lost about 90% of my hearing and that's why I had to file BK in the first place.

What can, (or should) I do now. I am in such bad shape mentally now from worry (not much food or sleep). I thought my lawyer was going to be my friend but he is doing me more harm now than the CC co. lawyers he was hired to protect me from. TIA for any guidance anyone may have.

Peace!,,, Dr. Guitar

P.S. I just goggled his name and found a post on a rip off report site claiming that he had stolen ~ 1,600.00 from someone by not filing their chapter 7! Now I am very worried.

[Flamingo]

I'm not going to say I told you so but when one wants to investigate filing bankruptcy, one should always call their State Bar Association for a referral of a reputable attorney in your area. Never go to Discount Legal on Broad and Main or the person with the TV ad. In your situation, look in your phone book under the "state" section and look for your State Bar Association. Call them and explain the situation. Did you give this attorney a retainer? You can always file a complaint against this lawyer if you are not happy and that is a long time for his office not to contact you. Something is not right.

[lrprn]

Hello, I retained a lawyer on February 1st 2008 to file Chapter 7. I submitted their petition questionnaire back to them on February 7th. I have not heard a word from him sense. As a matter of fact, I have never heard from, or seen the attorney at all. ... My wages have been being garnished for over three months now (25%), and between that and the attorneys fees I have nothing to live on for the month.

I think you know what the answer is and if it helps to hear it from someone else, then here goes....

This lawyer is not acting in a reponsible manner when representing someone, especially someone with their wages being garnished while the office staff makes promises that are never kept for TWO AND A HALF MONTHS. Fire this guy in writing, ask for your retainer back in full, then go find a much better lawyer asap!

Good ways to find a good lawyer is to call the bar in your state and ask for referrrals and check to see if any of the trustees in your local court practice privately. Here's the link to trustees in every district and subdistrict in the US - http://www.usdoj.gov/ust/eo/private_.../locator/7.htm . Just don't talk to all of them in your area - that taints the trustee pool so that when you file, it forces the court to bring in another trustee from another district. That makes the court cranky and you don't want that.

Then you MUST report this lawyer to your state bar or other lawyer watchdog organization - here's the link to how to do that in all 50 states - http://www.nbtanet.org/public/discipline/index.shtml . This guy has done you real harm with this long delay and needs to be reported for misconduct in the practice of law!

P.S. I just goggled his name and found a post on a rip off report site claiming that he had stolen ~ 1,600.00 from someone by not filing their chapter 7! Now I am very worried.

You should be worried. Dodge this bullet while you can, fire this guy immediately and find another lawyer pronto so you can get filed as soon as possible. GET GOING! Come back and let us know what happens, ok?