question about lawyer

[tomuchtohandle]

I have read a lot of post and it seems that people have a hard time getting a hold of their lawyer. I just wanted to know if the problem started after filing? Just wondering kinda want to know what expect. Please share experiences with me!

[tofargone]

Depends on the Lawyer and firm. I went with a guy that left a large firm to work out his home. He answers the phone when I call and always returns them if he isn't there. I had an objection that I found out on pacer, he cleared it up without even calling me on it. Everything has been done on time and right. He was also about 25% cheaper than the firms. I guess I got lucky.

Look at the big and the small and go with what you are comfortable with.

Let people know where you live and they may PM you a suggestion.

[whatamess]

Haha!

Ive been waiting to get a hold of ours for four weeks!!!! Paid my retainer and havent heard a peep since then. He was supposed to have someone call me about the paperwork needed to set up the appointment, yet no one has. When I call they will call back. The Cc company keeps calling because they have yet to talk to anyone there yet as well.

This is a large firm.
WAM

[BKTango]

Actually if your case is a simple, no fuss, no muss chapter 7, you shouldn't have that much contact with your lawyer really. I mean if you have questions, yes they should respond or at least their paralegal should. Your lawyer will guide you and help you with the main hurdle, that's filling out your paperwork, filing it for you, and attending the 341 meeting with you. After that meeting unless something goes wrong with your case, you shouldn't have any need for contact with you lawyer. All you are waiting on after that is a discharge notice and the court will send you that and usually your attorney will as well. This is how our attorney handled our case and many others. So in reality, after the first month of being in a simple chapter 7 don't have that much contact with them.

[HHM]

You need to understand the role of the attorney in a BK and the business aspect of practicing as a BK lawyer. The main problem when people complain about lawyers is that the lawyer does a bad job of setting expectations. The lawyers job is to complete your Bankruptcy, it is not he lawyers job to hold your hand, ease every anxiety, and explain to you the ins and outs of BK law to answer every question you might have. And frankly, you don't pay them enough to do so. That does not mean they should leave you hanging, but most BK's will consist of an initial consultation (which is probably the longest single contact you will have with your attorney), if most of your questions are not answered then, any remaining questions will probably go unanswered or your attorney will simply tell you "not to worry".

That doesn't mean there are not bad attorneys who drop the ball. But in most cases, you will probably only talk to your attorney twice. Any other contact will be with an assistant or paralegal. From the attorney's perspective, the less time they spend on a case, the more profitable that case becomes.

Most conscientious attorneys will manage a case as follows
1. Meet with client for initial consultation
2. If the client signs-up, the attorney will introduce client to assistant or paralegal who will be handling the case
3. All paperwork you provide will be given to the paralegal who will prepare your petition and make contact with you for any needed follow-up information.
4. If all the information has been provided, the attorney will review the petition and the supporting paperwork that you provided, if all seems in order, the attorney will instruct the paralegal to set up a petition review session with you (client)
5. This review session will probably be with the paralegal, althouth depending on how the office is set-up, the attorney may handle the meeting to answer any last minute questions you may have.
6. If client signs off, paralegal will file the petition with the court.
7. Attorney will attend the 341 meeting with client.
That is pretty much the end of the lawyers involvement.

Anything that does not relate to those events, and is not directly related to preparing your BK petition, is largely irrelevant to the attorney.

[CurtInKS]

For me it's good and bad, depending on the time of year. Honestly, my attorney is great. He's been my family's attorney for years, and I have his home number and email, so reaching him, typically isn't an issue. He handled my divorce, and one weekend, but my ex was threatening to have me killed, because I got custody of my DD, I called him at home, and he helped me with contacting the police and everything. Very much above and beyond.

The downside to him is, his primary area of law, is as a tax attorney, so from Feb., through April, he's swamped, and hard to get ahold of, during business hours. If I didn't have the option to call him or email him at home, I'd be done for.

[tomuchtohandle]

Thanks

Just wanting to hear what others go through. So far the lawyer is amazing. I have seen him once for the free consultation. My hubby finally goes next week!! We really need to get the ball rolling. The lawyer hs even returned phone calls answering questions i have and I haven't even paid him yet. we will be paying next week during my hubbys appointment. I just worry that maybe he is like this until he gets paid i am probably overly paranoid!!!HA HA i feel crazy sometimes. This forum has helped soooooooo much.

[SinkingFast]

Our experience was pretty much as HHM described. We chatted with the attny then he sent in "our" paralegal to gather our documents. Our attny has 2 paralegals, so depending on the day of the week you schedule your Consult, you get one or the other.

The paralegal was great about returning emails and phone calls. Answering questions over the phone if she happened to be available when we called. When she needed to, she'd run things by the attny and get back with us how our attny wanted things handled.

Our attny was there for our 341. The Trustee said he wanted to see our filed taxes in the spring. As we walked out, our attny gave us some advice regarding our tax withholdings. How to reduce the amount paid in to reduce any potential refund we might get. That could possibly keep the Trustee from declaring us an Asset case and tying us up for being Closed.

[jal1129]

Once we paid and our case was filed I never had another reason to contact my lawyer. I saw him at our 341 and that has been our only contact since the day I paid. Our last day for objections is Monday.

[frankies_mom]

Should you get in touch with your lawyer prior to the 341 or do they usually get in touch with you just to go over what to expect etc? Or is this usually not needed if you have no specific reason for contact? I just checked out my state website and see that I am the first one up after the lunch break. Great!

[SinkingFast]

Different attnys handle 341 prep differently. Some have you come to their office before the 341 where they go over what's gonna happen. Others do it in the hall immediately before you go into the Meeting. Others don't do a darned thing. You show up and fly thru on a wing and a prayer.

Ours told us what to expect at our Consult. The paralegal called the week before, reminding us of the time and day, and went over what was gonna happen once again. Then, our attny held a short meeting out in the hall with each of his clients to go over everything, quickly, one last time, right before our 341 started.