Over 5 weeks and counting...

[donnaeve]

since I met with the paralegal who did the intake interview and handed over the bankruptcy fee and I stil haven't heard anything about when we are going to file. I have left many messages but haven't heard back. Is that normal?
I think it is ridiculous. I feel like I paid a roofer to fix my leaky roof 6 weeks ago and he still didn't show up to fix the dang thing. Any suggestions?

Thanks,
Donna

[clevelandmom]

Donna, just my $0.02 - if you're at THIS stage of the game (the very beginning), and you're ALREADY questioning the service your attorney is (not) providing you, get your money back asap and go elsewhere. I would go to the office personally - don't call. Just show up. If they try to tell you they've been "working" on your file, ask them to show you what they've been working on. But if you can't even get a phone call back - get out now! That is ridiculous and not normal.

[helpme2010]

I agree, demand a refund immediately. My attorney took my call personally, he asked me if I was 100% ready to go (or he wasn't interested in moving further). When I said yes, he transfered me to his paralegal who asked me about 10 minutes worth of questions. This was to make sure I was qualified for the chapter 7 and what I didn't know the paralegal was entering all my answers into the proper fields on the forms. They filled out the paper work, asked me to inspect it and the entire process from beginning to end only took a couple days.

My attorney always answers my emails within hours as well. This is amazing!

Just imagine how bad your attorney will be when problems come up during the bk case. You don't want someone that doesn't get on things or return your calls quickly.

[donnaeve]

You know what? I just look ed at my lawyers card and saw that I have his e-mail address. I'm going to send him an e-mail right now and let him now what is going on with his office. Thanks!

[clevelandmom]

Good job Donna! Please let us know his response (if you get one). Seriously, if you don't get a response within 24 hours, go to the office immediately and demand a refund. Let them know you are FIRING them. You paid them for a service. Oh - and be sure to use the words "Attorney General" and "State Bar" if you have to. This absolutely constitutes something that should be reported if you get a hard time. Good luck and let us know!

[frogger]

That is not acceptable behavior. Find another lawyer.

[donnaeve]

So this is what I just sent him. If I don't get a response by tomorrow afternoon, my butt will be at his office on Thursday!!

My husband, Jason, and I met with you on 9/17/10. You advised us on filing for Chapter 7 bankruptcy and gave us a list of necessary paperwork that we needed to collect as well as some other paperwork to be filled out.
On 10/28, I met with your paralegal, Debbie, and she collected all of the paperwork I had gathered as well as the $1901 attorney fee. Since then, I have attempted to contact her on numerous occasions as well as left no less than 4 messages and have yet to receive a call back from her to find out the status of our petition.
While my husband and I were impressed with your knowledge and attitude when we met with you, we are quite upset with the lack of communication from your office. If I had paid a roofer to fix a leaky roof 6 weeks ago, I would have expected the roofer to have shown up and fixed it by now.
Would you please contact myself or my husband at your earliest convenience so that we may find out the status of our petition and when we can expect it to be filed.

[clevelandmom]

Good job! Hopefully you'll hear something before close of business today! BTW, I work at a lawfirm and this would be completely unacceptable.

[drowning123]

Hey cleve, I work at a law firm, too. I agree. Totally unacceptable. Is it one of those small one-man firms, donna?

[tcreegan]

Hi all,

Communication seems to crop up in client-attorney complaints more than anything else. I would make this a point of discussion before hiring an attorney; do we talk to the secretary/paralegal/ or actual attorney; preferred communication style is email/fax/face-to-face; what is the turnaround time on responses

Might be 20/20 hindsight for you donnaeve...unless you fire the firm and go looking for something better!

Tom in Colo

[donnaeve]

So....still no response to my e-mail so I called there this afternoon and asked for the paralegal that had done the intake. I was put on with someone else who said that my file is on my attorney's desk along with 30 other bankruptcy files. I asked her when we could expect to file and she said she would have my attorney contact me. I told her if it wasn't by the end of the day, I would be in in the morning to get my retainer back.

[donnaeve]

PS There are 4 attorneys in that office and his name is listed on the NACA website, which is I why I called him to begin with.

[researchnerd]

Five weeks? They can (and should be able to) file within a day or two of receiving all the information. Five weeks of no communication is a major red flag. I suspect, like mine, your attorney has more cases than he can reasonably handle and is wading through the backlog.

Communication during your BK is HUGE. It was my #1 biggest frustration with my attorney, and if I hadn't already been neck-deep in the process by the time I figured it out, I would have switched attorneys and started over -- that's how stressful it was. Super nice guy, tons of experience, got the results we wanted...but after we paid him, NEVER returned my calls or emails. I had to schedule F2F meetings with him to get my questions answered. His paralegal was a little better, but not much. In any case, communication is not something that improves once your case is filed. If you can get your fees back, I'd highly recommend doing so and finding another attorney.

[donnaeve]

Are you guys pretty sure that I can get my retainer back? I see nothing in the paperwork that says I can't but wanted to be sure before I drove out there a made a spectacle of myself. I don't see any other choice right now but to find someone else. But everyday that goes by with their silence just infuriates me more. Thanks for everyone's advice!

[clevelandmom]

Hi Donna,
If they try to say you cannot have your retainer back, get an itemized statement from them for services they "supposedly" performed. Let them know, up front and point blank, that if they refuse to give you a refund, you are going to take their "statement" and send it to the State Bar with all of your complaints (like no communication whatsoever, then NOT even filing your petition after 5 weeks). You can also tell them that you will be contacting the Attorney General. Better Business Bureau? Heck, tell them you're going to the 6:00 news (one of those "5 on your side" guys). Be forceful. YOU are the one who hired them, they took your money and did not give you the services promised. I'd be furious.