Fire attorney?

[tripbuddy]

If you have a very non-responsive attorney, who most of the time never gets back to you with advice, info, answers to your questions, yet you've paid them in full (but they haven't filed your BK7 yet), can you ask for most of your money back?

If so, how much should you get back, and how do you go about asking for it? Or do you find another attorney first and have them help you try to get your money transferred over?

We hired our atty in early March, were told it would take "a couple of weeks" to file. A couple of weeks later, we were told "a couple of weeks" again. Now, we have an appointment for this week (tomorrow) but I still don't have questions answered. I can't find out how much money I can have on hand (wild card, specifically, might have to use a little for the car...and don't know if it's 2 wild cards for me and hubby). I can't find out how/when to surrender the vehicle we aren't keeping (I'd love to stop paying full coverage on it, and also don't have room in our driveway for it since we've replaced it already). I can't find out if we can stop paying our 2nd mortgage (surrendering the house, and 1st is more than the value of the home). We just need to "pay and stay" for a while but is that BOTH mortgages???

Seriously, my confidence when I talked to this attorney soared, but in the 4+ weeks since then, I am sick over it. I can't get answers. WHY can't I get answers? Is it supposed to be this way? Maybe attorneys can't tell you how much cash you can have on hand on filing date...

[HHM]

Well, you sort of get what you pay for. For less expensive attorneys, you do not pay them to "educate" you, you pay them to represent you, in bankruptcy. As such, your questions are largely immaterial.

To answer your question, you can probably get most of it back. At the end of the day, the attorney is only entitled to fees earned for doing work. The attorney can also keep any sort of "initial" retainer amount, (usually about 10% of the total fee) since it represent the time and effort to open a file and the lost opportunity of accepting another client. If nothing has really happened, then you should get most, if not all, the fee back.

[tripbuddy]

Well, you sort of get what you pay for. For less expensive attorneys, you do not pay them to "educate" you, you pay them to represent you, in bankruptcy. As such, your questions are largely immaterial.

To answer your question, you can probably get most of it back. At the end of the day, the attorney is only entitled to fees earned for doing work. The attorney can also keep any sort of "initial" retainer amount, (usually about 10% of the total fee) since it represent the time and effort to open a file and the lost opportunity of accepting another client. If nothing has really happened, then you should get most, if not all, the fee back.

We went with rather pricier than many in our area, from doing all my attorney interviewing ($1650 for a non-asset, below the median Ch7 with both of us filing). Retainer was $200. Do I just call and say we want to go to someone else, or do I find someone else, pay a down payment or whatever it's called, and have them help me recover the $$?

Do most attorneys not tell you what your exemptions will be (with wild card)? Legalese is not my strong suit.

[tobee43]

you may just attempt one more phone call and then maybe send a certified letter confirming your attempting to reach the firm and need some questions answered etc.

if that doesn't work, which it most likely will, since now the firm is aware you are beginning a "paper" trail...be polite, yet firm and while you understand they may be quite busy you would appreciate them communicating with you during this most stressful time.

if that does not work, i would write one more letter requesting one last time an attempt to communicate and then advise them you have been left no other choice to report them to the bar assoc. and i would do so, without being "threatening" however, just explaining they are not giving you much choice in the matter if they will not speak with you.

however, many of these atty's are not great communicators...unfortunately, so just try a few more times and see how it goes.

best of luck and let us know how you make out.