How long should it take to file?

[FakeName]

Hi all -

I posted about my experience with my attorney over in this thread.

The long and short of it is, I did all my homework before I filed -- checked nolo, findlaw, the local BBB... Everything checked out.

My attorney was very responsive before I paid in full. Assured me I'd be filed within 2 or 3 weeks after final payment.

So here I am, having made final payment in full on February 13, with nothing to show for it. It took me until the end of March to even see a DRAFT of my petition. And, of course, they had to request additional documents from me since the ones I'd given them originally were all out of date by this time.

Sent everything back the day after I received it and here I am more than two weeks after that. I have called 4 times this week without a return call.

Am I being unreasonable? My next move is to report them to the BBB and hope for some resolution.

Should I even attempt to get my money back (at least I know they haven't used the $299 filing fee I paid since they haven't filed me yet...), or just appeal to them to get this done?

They've got $1600 from me and I'm getting nothing in return...

[AngelinaCatHub]

Dear “FakeName”: It takes less than five minutes to post you on PACER. They, the lawyers have direct accounts. You got a jerk for a lawyer. Believe me, it took me 15 months, but that was OK to file. I was in a stalling mood. But then, when I wanted to, I had to update paper work four times. On the last working day of the year, we showed up and our A$$ was chewed for whatever reason. I was about to salute my middle digit and tell her she was fired, but at that time discretion was better part of valor.

The Better Business Bureau is not the place to hit this guy. Write him a letter with a copy, of a Bar Association complaint form within it. Tell him your frustration. Be BUSINESS like and do not GO OFF on the guy. Keep it just matter-of-fact. That will get results. ‘Hub

[hamburgervol]

Might want to consider contacting you local & state Bar Associations. Also see if your state has a Board of Professional Responsibility with a consumer assistance program that will help resolve the issue with you attorney.

[lrprn]

Call your lawyer's office and make an appointment for a face to face meeting. Tell the person making the appointment that you are very unhappy with the firm's services and that you feel you are not receiveing the representation you paid for. Because of this, if your case if not filed within the next week, you will be forced to report your lawyer and his firm for ethics violations and misconduct in the practice of law. (Forget the BBB - no clout there in this situation whatsoever.)

Here's how to file an ethics violation - scroll down to your state's link and click it to get the correct contact information - http://research.lawyers.com/Reportin...iolations.html

Here's how to file a misconduct in the practice of law complaint - scroll down to your state for the correct contact information - http://www.nblsc.us/lawyer_disciplinary_agency/

[FakeName]

Thanks for the advice so far. I really appreciate it. Talk about being kicked when you're already down.

And to be honest, 'Hub, I'm not one to "go off" as that never gets you taken seriously. I have left very polite (maybe too polite?) but firm messages saying that I'd like a call back within the next 24 hours.

I will look into filing a complaint with the CO Bar.

(I couldn't come up with a better pseudonym than "FakeName" -- not feeling very creative right now.)

[FakeName]

Update

After 5 phone calls this week I finally got through to a secretary who claimed that the legal assistant and all the attorneys were unable to take my call. I asked when I could expect to receive my petition to sign and was told they were working on it and I would get it soon.

I asked her to clarify "soon" and she said she couldn't make any promises, but hopefully within 2 weeks. I told her I'd been told within 2 weeks two weeks ago. She said she was sorry. They were very busy.

I told here I'd paid in full over two months ago and was not at all satisfied with the level of client service I had been provided. I told her I was considering filing a complaint with the CO bar and I'd like to speak to an attorney.

She told me they were unavailable and gave me the "fake" apology that is designed to make me sound unreasonable. "I'm sorry you feel unsatisfied."

So I called the CO Supreme Court at the numbers given in the links above and now I'm waiting for THEM to call me back.

Should I call another attorney and try to get this moving, or hope that reporting them to the Bar will motivate them along?

[hamburgervol]

After 5 phone calls this week I finally got through to a secretary who claimed that the legal assistant and all the attorneys were unable to take my call. I asked when I could expect to receive my petition to sign and was told they were working on it and I would get it soon.

I asked her to clarify "soon" and she said she couldn't make any promises, but hopefully within 2 weeks. I told her I'd been told within 2 weeks two weeks ago. She said she was sorry. They were very busy.

I told here I'd paid in full over two months ago and was not at all satisfied with the level of client service I had been provided. I told her I was considering filing a complaint with the CO bar and I'd like to speak to an attorney.

She told me they were unavailable and gave me the "fake" apology that is designed to make me sound unreasonable. "I'm sorry you feel unsatisfied."

So I called the CO Supreme Court at the numbers given in the links above and now I'm waiting for THEM to call me back.

Should I call another attorney and try to get this moving, or hope that reporting them to the Bar will motivate them along?

I would give it a day or two.... See what the Bar has to say, then move forward. Did you ask for a refund for the services that were not provided that you paid for?

[FakeName]

I would give it a day or two.... See what the Bar has to say, then move forward. Did you ask for a refund for the services that were not provided that you paid for?

I'm not sure how much I'd be able to recover. I mean, the $299 filing fee I would think would be obvious since I haven't been filed. The rest of the almost $1300 -- well -- who knows.

My wife (who is not filing with me) has some money put away so I could afford to hire another attorney even if I got nothing back from my original attorney, but still -- I don't want to go that route unless I have to.

This is just beyond frustrating. I am actually getting angry that they are taking advantage of me like this.

[FakeName]

So I called the Bar on Friday. They said my complaint had some merit, but warned me that it wouldn't exactly "light a fire" under my attorney. More likely, she said he'd withdraw from the case and refund my money keeping whatever he felt was appropriate for the work he's done (which, IMHO, is NOTHING...).

At this point, I'm not sure I want this firm representing me in court. I'm concerned about their competence. I contacted the other firm I considered (and I wish I'd just gone with them...) and they said 15-20 days after receipt of all my documents was a typical filing window. The "intake" office manager said she can't imagine a situation in which it would take more than two months which is how long I've been waiting.

She answered the phone on the first ring and actually was pleasant when I chatted with her. Of course, I haven't paid them in full...

So I'm thinking of following through with the CO Bar and retaining a new attorney. Then it's just a matter of fighting it out with the old attorney to get my money back... I'm sure that'll be fun.

[FakeName]

So that's it. I ceased representation with my current attorney and told the Bar to go ahead and follow through with my complaint.

Waiting for a call back from the other attorney -- the one I should've gone with in the first place.

[StartingOver08]

At least you have been able to get rid of him before filing - he showed his true colors right away.

Some people got stuck with a bad attorney but did not know it until after he filed! Yikes!

Hope the rest of your BK with the new attorney goes smoothly ....

[FakeName]

Thank you. Pleased with current attorney so far. Personal phone call this morning to get some more information. Emailed retainer agreement to me this afternoon, and the check is in the mail tomorrow.

I really hope that they continue like this. Already I can sense a difference in the level of professionalism and client service. They're about $20 more in total than the firm I dumped.

Any bets on how long it will take me to realize a refund of my "unearned" fees?

Unearned fees -- the whole concept cracks me up since they didn't do CRAP in three months except send me a draft petition that I basically had to re-write top to bottom because it had more mistakes than a 9th grade algebra test. Transposed account numbers, incorrect balances, accounts that had been closed for 5 or 10 years...