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I shold have run another direction!

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    I shold have run another direction!

    I chose the wrong Lawyer, so I thought I would share some of the things that should have been warning signals, so someone else can avoid the same problems I am running into.

    If anything about the first impression feels really wrong please run in another direction. ie: Not answering the phone 3 days in a row. or Files all over the place in random stacks.

    If Information at the consultation does not sound right, move to another attorney: We were told Ch 7 would not let us keep the house (all payments current) He could not give a precise cost for services.

    I paid the retainer out of desperation. Then no contact, no request for documents no questionnaire ever given

    So I dropped off everything I thought he would need, still hoping for the best. I even gave cover sheets with fully calculated averages and several bk schedules completely filled out.

    Still no contact after 2 more weeks! Being a dummy I thought maybe if I paid the rest of my fee things would move faster. I called and reminded him (finally answered the call) that I needed this done by a certain date. "No worries. we're working on it."

    2 days later and the date looming closer I called again, and this time he said "No worries, we have until the end of the month." ARGGGHHHHH!!!!! We did not really have until the end of the month for budgetary reasons- totally screwed all prep plans we had!

    We had to argue with him to get set up with the pre-counseling. He had a specific site to use but could not get organized enough to give it to us.

    This crap continues right to the end. Forms wrong 3 times, still more corrections 12 house before filing. We gave the final corrections and signed anyway because it was the last chance. He then decided that it was time to recalculate all our income and expenses. He filed and the next day sent us the full copy. WITH WRONG INFORMATION!!!!

    Contacting him with the concern about wrong numbers was unanswered for a week then a call to him got the usual "No worries, I am looking into it."

    Finally, we hear back another week later, and it is just him sating "Let's worry about that if it becomes an issue at your 341 next week."

    I should have walked right out of his office 30 seconds after I walked in 2 months ago. Wish me luck next week!
    Last edited by SunkShip; 10-03-2010, 09:31 AM.
    Filed 8/31/10
    341 Hearing 10/5/10

    Hopefully No Asset Ch 7

    #2
    Wow, plenty of luck is being sent your way. Let us know how it goes.
    Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

    Discharged 1/21/11 Closed 1/26/11

    Comment


      #3
      Sorry to hear about your bad experience. The good news is, your case will probably go through with little complication and you will receive your discharge, but thank you for the post.

      Comment


        #4
        Wow - thank you for this. I am re-thinking my lawyer. He knows I am unemployed and keeps pushing me to get this done. I'm beginning to wonder if he needs my money for bills, lol. He was recommended by my financial counselor and wants 1800. I haven't given him anything yet and have asked questions, mainly could I sell some of my remodeling materials since I have stopped working on the house (have wood for stairs I was going to put in, did re-do walls but they are just wallboard right now - haven't sanded or painted), so I emailed and asked him if I could sell the wood or not and he replied - that's fine. What does that mean?? Yes or no???

        The thing that makes me wonder - after reading on this wonderful forum- is that 1st he was late for the interview, kept looking at his watch all the way through it, gave me paperwork to fill out (better than your's in that respect) and basically rushed me for my signature to sign with him.

        I have pretty much put it on hold for now as even though I found a temporary position, it is only for 2 months, if that. I am going on 4 months with no payment to anyone but it will certainly be a no asset case.

        After reading your post I am going to research other attorneys. Does the fact that I signed with him but did not give him any money complicate that?

        Comment


          #5
          It wouldn't hurt to talk to more attorneys. But to be fair, you haven't hired this attorney. They are not unpaid consultants.

          Comment


            #6
            Thanks for sharing and wish you the best of good luck, SunkShip. Wonder how he could stay in business like that. I would definitely freak out if my lawyer was like that. Mine's pretty young but good. She graduated from law school in 2008, started practicing in Feb 2009 but she's quite impressive and knowledgeable. I didn't have to do anything, just handed her everything and she and her firm (staff) took care of it.
            Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

            Comment


              #7
              Thanks HHM - You have helped me a lot today. And - to be truthful, after reading the other post on SunkShip's attorney, mine doesn't sound half bad, and you are right, he has responded even though I've given him no monies so far. And, it is a big law firm so there are partners he has to respond to. The price throws me but...it IS cheaper than paying for this underwater house.

              SunkShip - Good luck in getting this guy to the attention of the courts - something should be done about his incompetence!
              Last edited by discouraged; 10-03-2010, 11:37 AM. Reason: addition

              Comment


                #8
                Good luck to you. Makes my lawyer sound not as bad. Their office at least seems to get things done, even if wrong, even if he doesn't get involved personally, and even if he does not give the person filling out the forms the proper information. On second thought...
                Well, when you're married, you'll understand the importance of fresh produce.

                Comment


                  #9
                  I have a full page of wrong stuff or questionable things on my draft petition. Wish me luck tomorrow m=with my attorney. Tomorrow is supposed to be filing day... I have everything written down so I don't forget. The thing that pisses me off is that he has student loan payment in my schedule J and I don't even pay a payment. Is this from some other client and left in the software? Ugh...Annoying. In my Statement of financial affairs, he doesn't have one of the people suing me in there. There are 2 and only 1 is listed.

                  Wish me luck and that this does actually get done tomorrow!
                  Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

                  Comment


                    #10
                    Our attny and his paralegal made a bunch of mistakes on our filing paperwork too. (Thanks to this forum I KNEW they messed up and had them corrrected....but what if I missed something?) And we get that "Don't Worry!!" line from them whenever we express concern. Somebody has to worry.......

                    What's with all the attorneys making so many mistakes? ??????

                    Comment


                      #11
                      My attorney is barely making ends meet herself, but gave excellent service. Made a few minor mistakes on the original filing, cleaned them up in an amendment before the 341. (There's a LOT of information in a filing.) She excelled in two areas: (1) responsiveness (especially by email), and (2) knowing how the process would go and what really matters.

                      As much as you can, I believe you need to see yourself as in charge of your numbers and your bankruptcy planning, with your attorney as just an advisor. It's YOUR bankruptcy and life. The attorney's job is interfacing with the legal world. He/She is your attorney not your accountant.

                      I found bankruptcy law to be much like tax law. Because you live with your facts and opportunities 24/7, the more of the law you understand yourself, the better planning you can do. Your attorney or accountant knows the law better than you ever will (okay definitely not in the case of some of the attorneys described here), but they'll never know YOUR facts, numbers, and choices they way you know them. They ask some questions and look at questionnaires... you LIVE them.
                      12/2009 Stopped paying CCs; 3/10 1st suit;
                      8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
                      9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

                      Comment


                        #12
                        I feel so lucky that I have a good attorney. I went to numerous free consults to get to this one. His free consult last almost 2 hours and he gave me so much info, it was great.
                        Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                        Comment


                          #13
                          We must have the EXACT same attorney. Read my thread from a few days ago. Hang in there, friend.

                          Comment


                            #14
                            Thanks Doomed! Your story is so similar to mine that a friend of mine thought your post was me. I swear if I could go back I would have walked out of that messy office and never looked back.

                            We'll see how the 341 meeting goes tomorrow- maybe I am freaking out for nothing. I'm wishing us both luck- we're gonna need it!
                            Filed 8/31/10
                            341 Hearing 10/5/10

                            Hopefully No Asset Ch 7

                            Comment


                              #15
                              I'll be hoping it all goes well for you. I just know for me, I REALLY shouldn't of avoided the red flags. But I guess the way I saw it is, he was recommended to me by the credit counseling agency as a bankruptcy attorney -- so even if he seems disorganized (files and stacks of paper allover, not returning phone calls, not getting stuff done in time, etc) he does this regularly so he should be able to pull it together. I was wrong.

                              Hugs to you, I'll be checking back here tomorrow to hear about your 341.

                              Comment

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