Can you change attorneys during chapter 13

Also, as a rule of thumb, a lawyer can't keep fees that are unearned, excessive, or unreasonable. Even so, it can be difficult to get the attorney to issue a refund. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. You can fire and replace your bankruptcy lawyer at any time.

Learn when you might want to do so, and how to find a new attorney. For instance, you might want to replace a bankruptcy attorney who doesn't: return your calls or respond to your emails have the expertise to handle your bankruptcy provide competent advice about your rights, responsibilities, or the bankruptcy process come to your appointments or bankruptcy hearings , or misses filing deadlines with the court.

Drawbacks of Replacing Your Bankruptcy Attorney Typically, replacing your bankruptcy attorney should be a last resort because doing so could cause problems with your case. Switching lawyers during bankruptcy might: cause delays in the bankruptcy process create more work for you you'll need to explain your circumstances and provide bankruptcy documents to a new lawyer cause attorneys' fees problems discussed below , or increase your overall attorneys' fees.

Hiring a New Bankruptcy Attorney Bankruptcy is a specialized area of the law. When hiring a new bankruptcy attorney, you should make sure the lawyer: regularly handles bankruptcy cases knows the local rules and bankruptcy trustees in your area has the necessary skills and experience to handle your specific case charges a reasonable fee, and communicates effectively. For instance, you can find a competent bankruptcy lawyer through: recommendations from your friends, family, or coworkers referrals from other attorneys in your area your employer's group legal plan county or state bar association lawyer referral services nonprofit organizations such as legal aid societies legal clinics, or Internet directories.

Dealing With Attorney Fees When you hired your bankruptcy attorney, you probably paid a set amount of fees. If you do not understand something, then ask questions. Be sure you have a clear understanding of what is happening in your case. Read and confirm the accuracy of every document you sign. You have a duty under applicable law to be cooperative and truthful. Maintain an accurate address with the Bankruptcy Court. If you move or your mailing address changes, then notify your attorney to file a notice of address change with the Bankruptcy Court.

Open your mail. Respond to such correspondence through notifying and working diligently with your attorney. Develop an honest, straightforward, accurate and complete plan with your attorney. This includes developing a household budget and sticking to it as best you can. Make your payments to the Chapter 13 Trustee on time and in full. Of course. A lawyer is someone you hire to help you with a problem. You are not tied to them and if you feel that they are not helping your situation you can certainly seek help elsewhere.

The attorney-client relationship is essentially a partnership that you enter into. You are the person to choose whether you want to enter into this partnership and you also decide who you want to partner with.

You should be able to expect some very specific assistance from your bankruptcy attorney , such as answering your questions, guidance for filling out your paperwork , representation at your hearings , and effective communication about next steps, if any. Sometimes, however, you might feel that your bankruptcy lawyer is not holding up their end of your partnership.

In these instances you want to evaluate whether the problems you are experiencing are significant enough to end the relationship. You might also consider going forward without an attorney. If you experience any of the below issues you should think seriously about replacing your counsel.

Communication issues not reachable or returning phone calls. Communicating effectively with your bankruptcy attorney is essential for successfully completing your case. It is important that you understand the process for the case and that you get your questions answered and feel respected throughout the case. If your attorney is not being responsive and especially if you are unable to get in touch with them or they are not returning phone calls, this can be a red flag.

Bankruptcy is a fairly discrete area of law. Sometimes this is fine, particularly if your case is straightforward. But if your case is more complicated or hits a roadblock, you want to be confident that your attorney has enough knowledge and expertise to guide you through the process. You should look for an attorney who is experienced in the bankruptcy area as a primary focus. This is also important because attorneys who practice in bankruptcy develop relationships with the other parties in bankruptcy cases, including the judges, the trustee and their staff as well as opposing counsel.

These relationships can be instrumental in keeping your case on track to a successful discharge. If your attorney misses a court appearance and does not have a reasonable explanation for doing so, such as an unavoidable emergency, you should immediately seek new counsel. One of the primary functions for your bankruptcy attorney is to represent you in court. Missing a hearing, absent exigent circumstances, is inexcusable.

Keeping track of deadlines is also a vital function for your bankruptcy lawyer. There could be a huge impact on your case from a missed deadline, including your case getting dismissed. There are, however, some real drawbacks to firing your bankruptcy attorney which you want to weigh into your decision.