how to fire my bankruptcy attorney prior to filing

How to fire your lawyer before settlement

• Discuss your concerns with your lawyer before taking action ...
• Examine the agreement you have previously signed with your lawyer ...
• Hire a new lawyer before firing your current one ...
• Clearly inform your lawyer of your decision in writing ...
• Request that your case file be picked up on a specific date ...
• Inform the court of changes in representation ...
• Working with a qualified legal representative on your case ...

Full Answer

How do I Fire my bankruptcy lawyer?

Let your attorney know you're unhappy. Most lawyers will try to understand and meet your expectations. But if your attorney doesn't have the level of competence required to handle your case, then it is time to fire your bankruptcy lawyer. If your attorney's performance is such that your case is suffering, look for these red flags.

Can I Fire my Lawyer at will?

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. In most cases, clients have the ability to fire their attorneys at will.

Can My Lawyer handle my Chapter 13 bankruptcy?

For example, even a lawyer who regularly handles Chapter 7 bankruptcies might not possess the knowledge and skills necessary for a Chapter 13 matter. Every attorney must represent clients with competency. If your attorney cannot handle your case, you need a new attorney.

Can I replace my bankruptcy lawyer?

If you must replace your bankruptcy lawyer, make sure to choose a bankruptcy attorney who can substitute in and handle your case effectively. When meeting with potential attorneys, give as much information about your case as you can and question the attorneys about their experience in handling similar cases.

Can you change your mind on bankruptcy?

You Don't Have the Right to Dismiss a Chapter 7 Case Generally, you can only dismiss your Chapter 7 bankruptcy if you have a good reason (good cause). For instance, if you find out that you'll lose property that you thought you could keep, you can't simply dismiss your case.

How do I prepare myself for bankruptcy?

How to Prepare for BankruptcyTalk to a Lawyer. We know what you're thinking: you're lawyers, so of course you would tell me to talk to a lawyer! ... Consider Transferring Bank Account Funds. ... Cancel Automatic Payments. ... Budget, Budget, Budget. ... Assemble Your Paperwork. ... Go to Credit Counseling. ... Contact Our Bankruptcy Attorneys.

Should I close my bank account before filing bankruptcy?

You'll want to open checking and savings accounts at a bank that doesn't service any of your debt and use the new account for banking purposes before filing bankruptcy. Again, you don't need to close other accounts—leave them open and report all accounts when filling out your bankruptcy paperwork.

What is the downside of filing for bankruptcy?

The downsides to filing for bankruptcy include a damaged credit score, a possible loss of property and difficulties with acquiring loans in the future. The upsides include keeping your property, no longer receiving calls from collections and an opportunity to regain control of your financial life.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What debts are not discharged in bankruptcy?

Additional Non-Dischargeable DebtsDebts from fraud.Certain debts for luxury goods or services bought 90 days before filing.Certain cash advances taken within 70 days after filing.Debts from willful and malicious acts.Debts from embezzlement, theft, or breach of fiduciary duty.More items...•

What do you lose when you file Chapter 7?

A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.

What options do I have besides bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

What to do if your bankruptcy lawyer is not competent?

But if your attorney doesn't have the level of competence required to handle your case, then it is time to fire your bankruptcy lawyer.

What to do if you need to replace a bankruptcy lawyer?

If you must replace your bankruptcy lawyer, make sure to choose a bank ruptcy attorney who can substitute in and handle your case effectively. When meeting with potential attorneys, give as much information about your case as you can and question the attorneys about their experience in handling similar cases.

What happens if an attorney doesn't answer your questions?

If your attorney repeatedly fails to return your calls or emails and keeps you in the dark about your case, you may be dealing with an incompetent attorney.

What happens if my attorney doesn't show up for a bankruptcy hearing?

Your Attorney Misses Meetings or Hearings. If your attorney does not show up for scheduled appointments or bankruptcy hearings, it is a big red flag. Failure to appear at bankruptcy hearings can cause unnecessary delays or result in dismissal of your case.

What happens if my bankruptcy attorney isn't providing me with competent representation?

If your bankruptcy attorney isn't providing you with competent representation, it might be time for a new lawyer. Read on to learn more about the red flags that could indicate it's time to replace your attorney.

Why do you need an attorney for bankruptcy?

The purpose of hiring an attorney is to take the mystery out of the bankruptcy process and make sure that your case proceeds smoothly. It is your attorney's job to inform you of everything that you must do throughout the process. Failure to do so could indicate a lack of knowledge and competence.

Do you have to meet multiple deadlines for bankruptcy?

Bankruptcy filers must meet multiple deadlines after filing a case. These deadlines apply to:

What to do if you haven't paid your attorney's fees?

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

How to sever a relationship with an old lawyer?

When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters.

How does changing lawyers affect your case?

Will changing lawyers be detrimental to my case or legal issue? Changing a lawyer in the middle of an active litigation is like changing pilots in the middle of a flight. It will take time for the new attorney to get familiar with the file, particularly if the case is complex. In addition to potential delays, this process might also cost you money, since your new attorney will bill you for the time spent performing that review and getting up to speed. Also consider the immediate state of your case. Is there an upcoming appearance, hearing, or motion deadline? If so, your new attorney might not have time to adequately prepare.

Why doesn't my attorney understand my case?

This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.

What is an unprofessional attorney?

The attorney is unprofessional. For example, the attorney wastes time in meetings, does not appear to be prepared for court, seems very disorganized, or in the worst-case scenario, seems to be mishandling your funds or documents. The attorney does not communicate with you.

What to do when you meet with a new lawyer?

If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.

What to do if your lawyer doesn't understand your goals?

If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.

What happens if you don't get a good response from your attorney?

If you are not getting a good response from your attorney, if you are not getting answers to your questions, if you are not feeling comfortable with their level of service , you are not stuck with that law firm or attorney for the duration of your chapter 13 case . You do have the ability to hire another attorney who can apply to ...

How to convert a chapter 13 case to chapter 7?

When a person wants to convert the chapter 13 case to a chapter 7 case, it has to be done by their attorney. Well the attorney is going to charge a certain fee to convert the case to chapter 7. If the debtor does not like the price that they are hearing, they will often shop around to see if another attorney will convert the case for less. For another attorney to convert the case, that attorney has to first substitute in as the new attorney of record. This involves the filing of a motion, notice to all creditors and parties, and appear to be heard on the motion. Once allowed to substitute in as attorney of record, the attorney can simply convert the case and follow through with the chapter 7 filing. Here is where the debtor might encounter difficulty. The current attorney might want too much money to convert the case. Further, their current attorney is being paid typically through a payroll control order. Thus, the longer the chapter 13 lasts, the greater likelihood that the attorney is being paid through the Chapter 13. The only way to stop a chapter 13 payroll control order is to convert the case to chapter 7. In a recent case, my law office substituted in for another attorney who was either charging too much to convert or simply non-responsive to the debtor’s requests.

Do you have to pay a second attorney in a chapter 7 case?

First, you’ve already paid your first attorney and you have to pay a second attorney to jump in on your existing chapter 7 case. Second, absent an adversarial complaint, there should be nothing that the first attorney can’t take care of under the original contract with him or her.

Can I hire another attorney for chapter 13?

You do have the ability to hire another attorney who can apply to the court for fees over the remainder of your chapter 13 case. I typically see someone who wants to refile a new case with the new attorney instead of trying to save the case that is already under some duress. There is one exception to this.

Does a chapter 13 attorney get paid?

The current attorney might want too much money to convert the case. Further, their current attorney is being paid typically through a payroll control order. Thus, the longer the chapter 13 lasts, the greater likelihood that the attorney is being paid through the Chapter 13.

What to do if you aren't sure about something?

If you aren't sure about something, contact your attorney for guidance. There are also some things you should avoid doing. If you find you've already done some of the things to avoid, let your attorney know right away. If you try to undo your actions, you could actually make the situation worse.

Can you ignore a lawsuit?

DO NOT ignore any lawsuit that's filed, even if it does not have a case number on it. Provide a copy to your attorney right away.

Can you transfer money to family without a lawyer?

DO NOT transfer any assets (real estate, car, money, or anything of value) to family or friends, without first contacting your attorney. You may be able to do so, but certain requirements must be met or your family and friends can be affected.

Can a bank close your account if you file bankruptcy?

The bank may close your account when you file bankruptcy, so it's a good idea to already have a new bank account set up when you file. DO refer collection calls to your attorney, once you have retained one. You are free to speak with your creditors, but you retained an attorney for a reason.