My attorney is sooo bad - how do i fire him??

[jessegirl]

Hi all, as some of you know all the crap we have been going thru with our BK7- As you are all aware my attorney sucks!!!!!!!!!!I am so sick and tired of his incompetance its not even funny. About 2 weeks ago we received another request from the UST asking for the same information that was given back in Oct. My attorney refused to call the UST to get updates and then when the discharge date comes, well you all knew cause I posted the UST extended our case until april, then we receive another leter stating the UST wants a 2004 deposition. I have been calling my attorney since I received this letter which is almost 2 weeks ago. They never call back. I leave messgaes on top of messages to 2 paralegals and the attorney. I finally called back again today for the 3rd time and tell them if the attorney or a paralegal doesn;t get on the phone now, I am calling the UST and the Bar and telling them what is going on. Finally, someone gets on and hubby goes thru the questions that we have. They say we are sending the information to you in a letter and you should get it tomorrow and by the way if you want the attorney to come to the deposition it is 1000.00. I say 1000.00 for him to come and deal with the UST. Now, i am pissed because as you all know that this is the attornies fault that we are even in the spot. I WILL NOT pay this ******* anymore money. I have already paid them 3800.00 and he F'ed up everything damn thing. I am calling another attorney and asking them to represent us in the fight against the UST. Can I do this or do i have to finish with him? If i stay with him we will lose eveyrthing we have. He sucks with a capital S. I am so damn sick over this.... How do i fire him and can I get my folder from him with all the information that he has colected and done throughout our BK. I would LOVE to report this scumbag. I think it is totally obsurb to charge us 1000.00 to come to a depo. We are in such a mess.

How do i go about getting rid of his ass? Do i just tell him or what? Is there a legal way I have to do this?

Any help would be greatly appreciated as we are soooooo damn disguishted over this. My life sucks ight now and i believe it is going to get alot worst. If youhave time read some of my other threads.....

[B65]

ya know what darlin

first off I do not know anything about firing him but do not have him there! Really what use has he been and for a grand no way!! I think if you gather all the info you need and go armed yourself to fight and plead your case you stand a better chance than throwing a grand down his neck! he is useless any way!
I hope others give insight about hiring and firing..... I will be so happy when this is all over for you i really will

Hugs B XXX

[AngelinaCat]

Hi Jessegirl: You actually have to file a motion with the BK Court to discharge your attorney. In the same peition you will have to say whether you are substituting another attorney or going pro se.

I am at work right now and don't have any of the paperwork with me. I am going to PM 'Hub and have him contact you.

I certainly do sympathize with your plight. We had our own worthless &*&%^$ attorney that did little to nothing for us. In fact some of her ineptitude and non-guidance led us into all kinds of errors.

Here are two threads from those days:

http://www.bkforum.com/showthread.php?t=25506

http://www.bkforum.com/showthread.php?t=27071

Now after all of that, we ended up getting our petition to discharge her turned down, because--except for the AP, which we went pro se on--our case was essentially done. We didn't know it at the time. The judge told us that. We were waiting for our Discharge which came on August 13, 2008.

[fltoo]

Jessie, did you ever send the two yrs cc statements to the trustee? In following your story, I can't remember if you finally got them and sent them.

A little confused here, in another post you said that the trustee requested utility bills, etc. Then you said you sent him everything but the cc statements. Then you called your attorney and he asked if everything was sent and you said yes. But, you said you didn't send the cc statements.

If you did not send the cc statements, could this be no more than simply the trustee thinking you are ignoring the requests. They probably just sent a duplicate of the paperwork requesting all the stuff again.

Forgive me if I am not getting this, but did you tell your attorney that you DID NOT send cc statements or does he think you did?

btw, 3800. for a chap 7 is crazy, most I ever heard was in cali for 2500. I was getting 1000-1500 quotes in Tampa, which is a very expensive place to live.

[B65]

3800 does seem high

my total was $2350 here in CT.

[HHM]

Jessie, did you ever send the two yrs cc statements to the trustee? In following your story, I can't remember if you finally got them and sent them.

A little confused here, in another post you said that the trustee requested utility bills, etc. Then you said you sent him everything but the cc statements. Then you called your attorney and he asked if everything was sent and you said yes. But, you said you didn't send the cc statements.

If you did not send the cc statements, could this be no more than simply the trustee thinking you are ignoring the requests. They probably just sent a duplicate of the paperwork requesting all the stuff again.

Forgive me if I am not getting this, but did you tell your attorney that you DID NOT send cc statements or does he think you did?

btw, 3800. for a chap 7 is crazy, most I ever heard was in cali for 2500. I was getting 1000-1500 quotes in Tampa, which is a very expensive place to live.

If you have not been sending the requested info, that is your problem, not the trustee or your attorney. $3,800 is NOT an outrageous amount for a chapter 7 "with issues".

Sorry to say Jessie, if a chapter 7 goes sideways, 9 times out of 10, it is the clients fault, not the attorney...or, the more politically correct way of putting it, it is the "clients circumstances" that causes the problem.

However, you can fire your attorney anytime you want.

[AngelinaCatHub]

Ms. Jessiegirl:

I PMed you as well as Mrs. Not knowing all circumstances, read your original attorney/client agreement. See if he should back his words.

Now as I PMed, it is a very embarrassing situation for a lawyer to be released in a motion as they HAVE to be there, and it sure goes against them. I would have a heart to heart with this A-H and tell him facts of life if he does not conform to his obligation. If it is actually, YOUR fault, then he will tell you. (NOT LEGAL, but record him, for your own personal use). I advise for 1K you could certainly get another good lawyer. Our 7 was 1500 bucks and filing fees. Florida. I don't know where you are but he has gotten his pound of flesh from you so get some back from him. Before fireing him, get LOUD and MEAN and tell him to get his act together or refund your monies.

GBWY 'Hub

[fltoo]

That's what I was thinking, that this whole mess is due to the cc statements not being turned in.

3800. still sounds high to me even with issues.

[jessegirl]

Jessie, did you ever send the two yrs cc statements to the trustee? In following your story, I can't remember if you finally got them and sent them.

A little confused here, in another post you said that the trustee requested utility bills, etc. Then you said you sent him everything but the cc statements. Then you called your attorney and he asked if everything was sent and you said yes. But, you said you didn't send the cc statements.

If you did not send the cc statements, could this be no more than simply the trustee thinking you are ignoring the requests. They probably just sent a duplicate of the paperwork requesting all the stuff again.

Forgive me if I am not getting this, but did you tell your attorney that you DID NOT send cc statements or does he think you did?

btw, 3800. for a chap 7 is crazy, most I ever heard was in cali for 2500. I was getting 1000-1500 quotes in Tampa, which is a very expensive place to live.

Everything but the 2 years of cc statements were sent. I called and sent letters to the cc companies. I only received the statements from 1 cc. All the others are obviously ignoring me.

My attorney said that he sent all the same information that he requested requested back in Oct again, except for the 2 years of cc statements. I just cannot get them. What the heck does he want 2 years worth? I am a no asset case.

BTW _ know the 3800.00 is a crazy number. I was ripped off!!! I guess he is the type to kick under the bus when they fall. Its a shame that i am getting no help at all from the attorney.

[jessegirl]

If you have not been sending the requested info, that is your problem, not the trustee or your attorney. $3,800 is NOT an outrageous amount for a chapter 7 "with issues".

Sorry to say Jessie, if a chapter 7 goes sideways, 9 times out of 10, it is the clients fault, not the attorney...or, the more politically correct way of putting it, it is the "clients circumstances" that causes the problem.

However, you can fire your attorney anytime you want.

HHM - when I hire an attorney and pay him 3800.00 I hired him to work for me. I gave all the requested information to my attorney - it is his duty to get them to the trustee. If the attorney is not at fault for not getting the information to the trustee, then what the heck would i even hire an attorney for? I went into a contrat with him to handle my BK, i just do not shell out money to attorneys and then do all the work. Thats what wrong with these attorneys, they feel that you pay the money and i am suppose to do the work. No way. Thats jsut wrong.......

[jessegirl]

Ms. Jessiegirl:

I PMed you as well as Mrs. Not knowing all circumstances, read your original attorney/client agreement. See if he should back his words.

Now as I PMed, it is a very embarrassing situation for a lawyer to be released in a motion as they HAVE to be there, and it sure goes against them. I would have a heart to heart with this A-H and tell him facts of life if he does not conform to his obligation. If it is actually, YOUR fault, then he will tell you. (NOT LEGAL, but record him, for your own personal use). I advise for 1K you could certainly get another good lawyer. Our 7 was 1500 bucks and filing fees. Florida. I don't know where you are but he has gotten his pound of flesh from you so get some back from him. Before fireing him, get LOUD and MEAN and tell him to get his act together or refund your monies.

GBWY 'Hub

You got it Hub - It was NOT my fault at all. It is the attorneys fault. No communication, no returning our phone calls, not answering our emails But HHM says 9 times out of 10 its the client. Which is wrong, the client is the one that wants this to go away and will do anything in there power to get it done.

[jessegirl]

That's what I was thinking, that this whole mess is due to the cc statements not being turned in.

3800. still sounds high to me even with issues.

Maybe so that it is because of the cc statements. But what am i suppose to do if the cc companies will not work with me and they refuse my requests thru mail? I am trying, i cannot go and beat them for it.

[ansky0007]

You think your sucks then you should have mine. The bastard actually sent me a bill for responding to my emails. At $300 a hour he has claimed that it took .2 of an hour to respond to an email of mine. Received a bill for $450 for communication charges. He even charged me for his time when he discussed my case with another partner at the firm. I did not even ask him to ask anyone else for advice but I was billed for it. I should have done a Pro SE as well... I would have saved over $3000.

[jessegirl]

You think your sucks then you should have mine. The bastard actually sent me a bill for responding to my emails. At $300 a hour he has claimed that it took .2 of an hour to respond to an email of mine. Received a bill for $450 for communication charges. He even charged me for his time when he discussed my case with another partner at the firm. I did not even ask him to ask anyone else for advice but I was billed for it. I should have done a Pro SE as well... I would have saved over $3000.

WOW....Thats a scxxbag!!! Can they actually do that?

You know they know they when you are filing for a BK you have no money why the hell would they charge you more then what was quoted.

[ansky0007]

I guess they can... In the small print is states that communication with creditors is outside of the normal BK filing... My mistake for not reading all the fine print. It just sucks.