Should I file a grievance against unethical atty

[jgcortese]

(Long sorry)
Need advice if it's worth it to pursue a grievance against a bad atty who is refusing to return any money or phone calls. I actually posted on here a few weeks ago when the atty we retained and paid the first $550 advised us we would not qualify for a chapter 7 (after he told us we would during our initial consultation he never even ran a means test or filled out schedule I/J) just said we make too much money. Ok?!?

Anyway, he suggested (through his paralegal) my husband and I "seperate" on paper by changing my address on my drivers liscense to obtain the numbers necessary to qualify for a chapter 7. I asked many, many questions including if this was "illegal", "unethical", etc. and I was told it's not a problem, they've done it before with no issues.

We finally spoke with him personally today (had to stalk him via phone after 2 weeks on no return phone calls) to let him know we will not be using his services due to the fact he recommended we do something unethical not to mention fradulent. We asked for a portion of our money back (the only thing he did was type up some paperwork with my name mispelled) and we felt $550 was a bit excessive based on this and he told us there would be no refund, denied the accusation and hung up on us!

My question is, is it worth it to file a grievance with the state bar to report this behavior? It's bad enough we're going through this situation, but on top of it all he basically stole our money, told us to lie and was going to charge us double to do so!

Any advice and thoughts are appreciated. We are now doing better homework on the next atty we will select. Hoping to make a decision next week. Thanks for your help everyone this site has been informative and has made me feel like we're not alone in this mess.

[Bkassets]

Often, your best bet is to file a complaint with the UST (United States Trustee) of your district. It's free, they will research it, and they will often pursue for you. It's sort of like reporting to the attorney's boss, without as much formality as reporting to the ABA. In many cases, a letter will suffice. Contact the clerk of the court in your area for a good contact for the UST or the assistant UST.

[AngelinaCatHub]

You have every right to report to the bar of your state. It is online form and his bar number should be on your paper work. Do this or they get away with the next victim. Make sure he gets a little note that you did this. BE PROFESSIONAL and keep it matter-of-fact. I URGE you to do this. 'Hub

[bcohen]

Yes, report the attorney. Especially to the bankruptcy trustee. They might even suck the money back out of this attorney and give it to your creditors, which would be a far better outcome!

[sunshinepa]

I would certainly be reporting that one to somebody, perhaps even the UST and the state bar!

[HHM]

Um...nothing that attorney advised was illegal or fraudulent. A potential strategy (albeit uncommon) is for a married couple to do a financial separation to qualify for chapter 7. A financial separation is a perfectly legal procedure. Since he spent time with you, gave you legal advice, it is likely the fee is arguably earned and based on your description of what this person told you, he didn't advise anything unethical.

At most, you file a fee dispute to try to get some money back, but I don't see any ethical violations...you apparently asked him how you can qualify for chapter 7 BK, he told you...you are just not happy with the answer...that is not the attorneys problem.

[jgcortese]

[QUOTE=HHM;529830]Um...nothing that attorney advised was illegal or fraudulent. A potential strategy (albeit uncommon) is for a married couple to do a financial separation to qualify for chapter 7. A financial separation is a perfectly legal procedure. Since he spent time with you, gave you legal advice, it is likely the fee is arguably earned and based on your description of what this person told you, he didn't advise anything unethical.

So are you saying it's perfectly legal to change my address to obtain a financial legal seperation for bankruptcy purposes and let the trustees know this as well? If that was the case, wouldn't most couples who didn't qualify use this technique? Very confused about this recommendation...I was told by 2 other attys this is unethical and could result in a fradulent charge against us. In regards to his answer, we have consulted 2 other attys who tell us we shouldn't have a problem qualifying...he didn't do the work!

[HHM]

Well, I wasn't at the conversation so I don't know what this person told you. However, there is a separation strategy that can be used. Now, it has to be more than a "paper" change...you actually need to take up residence at the new address as well as take other steps to show an actual separation. All I am doing is giving the attorney the benefit of the doubt here...often what is told and what is heard are different things. If the attorney really did say, just change your address on your license and file BK...okay, that is a problem. If the attorney said, you need to separate and as part of that process, you need to change the address on your license, that is perfectly fine as long as at some point, he walks you through the other steps (which it sounds like you haven't paid in enough for that level of advice).

It will come down to a he said, she said thing if you try an ethical violation...also, since you didn't take the advice, you haven't been harmed by it. Again, the better route is a fee dispute to try to get some of your money back.

[jgcortese]

Thanks for clarifying...honestly that's what we were told...you are right we weren't harmed...were out $550 but learned a valuable lesson before we got too far into it. Thanks for your advice about the fee dispute. At the end of the day I have to live with decisions made good, bad or otherwise.

[Bkassets]

To clarify further, The UST reviews the fees of attorney's as well. There is even a form in some states sent out by the trustees with the request for documentation requesting disclosure of what you have paid your attorney or document prep. You don't have to proof malpractice or wrong, if you believe the fees are unreasonable.

[HHM]

To clarify further, The UST reviews the fees of attorney's as well. There is even a form in some states sent out by the trustees with the request for documentation requesting disclosure of what you have paid your attorney or document prep. You don't have to proof malpractice or wrong, if you believe the fees are unreasonable.

Since the BK was not filed, not sure the US Trustee would be the place to go with this. My sense is, there are 2 sides to this story and we are only hearing one side

Basically, the 1st step is for the OP to send a request for full refund in writing. (certified) with a 2 week deadline. See how the office responds. If no response, call the office to inquire. Then, contact the state bar association and file a fee dispute, I am pretty sure every state bar has a specific procedure for this.

[BKAttyMI]

I agree with HHM, I see no ethical violation. Your attorney opened up a file for you, his paralegal spoke to you on the phone numerous times, he met with you and gave you legal advice. If he's billing $200/hr, that fee is already used up. It's hard to see how fees are used when you don't see any results, but all attorneys have to offer is their time and expertise obtained through years of schooling, studying and experience. I don't think this is an issue with either the UST or the state bar, you were unhappy with his recommendation and service, you left. Most fee agreements state that no fees are refundable once paid. Usually only filing fees are refundable if you decide not to file.