what to do when you have a bad bankruptcy lawyer

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What can I expect from a bankruptcy attorney?

If you conclude that you simply can't work with your lawyer anymore, fire your lawyer and find someone new. You may also want to have a second lawyer evaluate your first lawyer's actions and advise you about paying (or refusing to pay) any bill you receive, filing a complaint with your state lawyer discipline agency, or suing the lawyer for malpractice.

How do bankruptcy attorneys file bankruptcies?

If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer. However, my lawyer will not discuss them. Do I have any alternatives? Yes. If your lawyer is unwilling to address …

Why do I need a bankruptcy lawyer?

Your attorney will make sure to do so promptly because missing a bankruptcy deadline can cause: delays in the process; dismissal of your case, or; other adverse consequences. For these reasons, one of the responsibilities of your bankruptcy attorney is to know the local rules and filing procedures. Expect Your Bankruptcy Lawyer to Represent You at Hearings

Can I file bankruptcy without a lawyer?

It is not that bankruptcy attorneys don’t make mistakes and some bankruptcy attorneys really are bad at what they do, but bankruptcy attorney malpractice is practically non-existent. To understand why, we first need to understand malpractice. ... As a debtor hiring a bankruptcy attorney, you have to heed the adage, you get what you pay for ...

Seven Signs That Your Bankruptcy Attorney is Incompetent

Below are seven signs that your bankruptcy attorney is incompetent. If you notice any combination of these signs you may want to look for someone else.

Tired of Dealing With An Incompetent Bankruptcy Attorney?

If you are tired of dealing with incompetent bankruptcy attorneys and still need help, let us know. Call us or fill out our contact form to set up a free consultation. We enjoy helping people get a fresh start.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

What is a retainer agreement?

In general, your retainer agreement (the contract you and your attorney sign) will outline the services your bankruptcy attorney will provide . Your attorney's job is also to provide you with competent advice throughout the bankruptcy process.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

What is the role of a bankruptcy attorney?

The role of the bankruptcy attorney is to inform you, help you navigate the case, and get you the desired outcome (discharge of debt). But, the bankruptcy attorney has very limited ability to change anything that will happen, especially once the case is filed.

What is attorney malpractice?

A claim of attorney malpractice is a type of negligence claim. To win a negligence claim, the plaintiff must prove 3 elements. Damages: A legally compensable harm resulted. If you are missing any one of the elements, the plaintiff cannot prevail on her malpractice claim.

Is bankruptcy attorney malpractice rare?

Bankruptcy attorney malpractice is rare. It is not that bankruptcy attorneys don’t make mistakes and some bankruptcy attorneys really are bad at what they do, but bankruptcy attorney malpractice is practically non-existent. To understand why, we first need to understand malpractice.

Ways a bankruptcy attorney can aid your case

Some ways that a bankruptcy attorney could prove worthy of their hiring include:

1. Look for a specialist

Lawyers practice in multiple areas and your best bet would be to go with someone who expressly specializes in bankruptcy law. Attorneys who dabble in a little of everything are likely not aware of the granular aspects of bankruptcy law or up to speed with the latest legal developments in this area of practice.

2. Choose an attorney with adequate experience

Ask about an attorney’s level of experience. It’s not necessarily the case that someone with more years of experience is always better equipped than someone with fewer years of experience. What matters is the number of bankruptcy cases they have successfully handled.

3. Focus on bankruptcy attorneys with local expertise

Besides being familiar with bankruptcy laws, the attorney should be familiar with the local laws of the court where your bankruptcy case will be filed. Bankruptcy procedures tend to vary from locality to locality. That’s why you should look for a bankruptcy attorney who has practiced in your filing locality.

4. Avoid bankruptcy mills

There are so-called “bankruptcy mills” that handle large numbers of cases without focusing on the specifics of each client’s case. Avoid attorneys with such an assembly line approach.

5. It comes down to your comfort level

At the end of the day, you should go with a bankruptcy attorney that you feel comfortable with. Look for someone who will listen to you and get the specifics relating to your case to best understand your situation and represent you.

What to do if you have a bankruptcy on your credit report?

Applicants who have a bankruptcy or serious delinquencies on their credit report will usually have an opportunity to address them with the Committee on Character. The burden of proof to establish good character is on the applicant. Proactively checking the rules in your state, and fixing problems on your credit report before applying, will improve your chances of being seen as responsible.

What is financial integrity?

While financial integrity is considered important in most states, the definition varies with the state and with the interpretation of members of the state bar's Committee on Character.

What is the purpose of character screening?

The main purpose of the screening is to determine whether the applicant is trustworthy. Rules differ slightly depending upon the state.

Who is Randi Hicks Rowe?

Randi Hicks Rowe is a former journalist, public relations professional and executive in a Fortune 500 company, and currently a formation minister in the Episcopal Church. She has been published in Security Management, American Indian Report and Tech Republic.She has a bachelor's in communications, a master of arts in Christian education and a master of business administration.

What documents do trustees ask for?

The trustee may ask you for additional documents, like copies of tax returns, house papers, car papers, and bank account statements. Your meeting of creditors may take longer than for filers who are represented by attorneys so the trustee can do a thorough job of examining you under oath.

Who is Carron Armstrong?

Carron Armstrong is a bankruptcy and consumer lawyer, and an expert in debt and bankruptcy for The Balance. She has been helping educate consumers and businesses about finances for more than 40 years through her firm, Carron Nicks Law Firm, her work teaching paralegal and real estate courses at Texas colleges, and her writing.

Can I represent myself in bankruptcy?

From a legal standpoint, there's no issue with representing yourself in your bankruptcy case. It is certainly possible to do so. "Pro se" filers, those who file on their own, have no extra barriers facing them than those who file with the help of an attorney.

Can I get a free bankruptcy consultation?

Many consumer bankruptcy lawyers offer a free initial consultation. An attorney can also help determine if you're eligible for assistance through legal aid or a pro bono program offered by a bar association near you.

Can you file a Chapter 7 case pro se?

Even if it looks like you will not have any non-exempt assets , filing a Chapter 7 case pro se is still a daunting task. Since your situation is somewhat out of the ordinary, your trustee will likely take special interest in your case, if only to ensure you have listed everything properly. The trustee may ask you for additional documents, like copies of tax returns, house papers, car papers, and bank account statements.

Can I file for bankruptcy without a lawyer?

It is possible to file a Chapter 7 straight bankruptcy or a Chapter 13 payment plan case without a lawyer, but before you do, there are some things you should think seriously about. This is not a decision to take lightly. If you make any missteps, you could end up worse off than you are now. Here are some things you need to consider.

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 I use my credit card before filing bankruptcy?

Speak with your attorney prior to doing this. DO NOT use your credit cards or acquire new debt. Unplanned medical debt may be an exception, as you may not have a choice about incurring the debt. But if you use credit shortly before filing bankruptcy, you may end up having to repay some or all of that debt.

Can I withdraw money from my retirement account?

DO NOT withdraw funds from your retirement accounts to repay debts without discussing this with your attorney. This is almost always a bad idea. DO NOT transfer any assets (real estate, car, money, or anything of value) to family or friends, without first contacting your attorney.

Can I open a new bank account if I owe money?

Your attorney may also ask for copies of bills and collection letters, as well. DO consider opening a new bank account, especially if you do your banking somewhere that you owe money. 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.