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  1. #1
    Join Date
    Jan 2014
    Posts
    3

    Default Lawyer Withdrawing After I Ask for Explanation

    My question involves bankruptcy in the state of: maryland


    It is 2 business days before my 341 meeting and my attorney just emailed me stating : " Please note that I intend to send you a form letter indicating my intentions to withdraw from your case as soon as I fulfill my duties at the Section 341 meeting of creditors. Once the court strikes my appearance, you will need to seek another attorney to address any issues you have".

    This is his response to an email i sent yesterday asking for an explanation for the lack of communication and professionalism I have encountered since hiring him. My repeated emails to him, as directed - updating my finances and asking specific chapter 7 questions such as finding employment, closing a checking account, and how to answer one of the trustee questions went unanswered let alone there being any acknowledgment of the reception of the emails.

    I had previously addresses the lack of communication and asked to be treated with the expected standard of conduct for his profession over a month ago with no response or improvement. I tried to appeal to his humanity by indicating that I had spent a large some of money for his services and being kept in the dark let alone ignored was affecting my anxiety and irritability conditions.

    Yesterday, less than a 4 business days before my 341 meeting, my therapist called my lawyer and his paralegal (?) assigned to my case said that they had emailed answers to my last email that i sent over 10 days ago, which is false. Indicating i had not received anything she said she would resend this email to me and my therapist right then. We did not receive this phantom email as i believe that she got caught in a lie as it still hasn't been sent to me even after i requested in writing that she please follow through, and now they are withdrawing I guess they are safe and the fact that she stated these things to me and my therapist is null and void.

    The paralegal did however mistakenly emailed me instead of my lawyer saying that i was at my therapist and was "freaking out" about my unanswered questions. The email he was supposed to receive included the very email i sent them both 10 days ago. Moments later my lawyer then called my therapist and when i spoke to him he stated that he was unaware of my latest unanswered email sent 10 days ago, and knowing that he now had it, he still stated that he didn't. He finally did answered my questions in a smug and condescending manner as I had to read the email to him. And of course there was no apology for the lack of communication at such a late date or having to have my therapist get involved for his firm to do their job.

    So, now that he is dumping me what can I do? Do I need an attorney for after the meeting of creditors? What questions should i ask my attorney while he is still my attorney in relation to what has happened and how it may affect the process post 341 etc.? Am I entitled to a partial refund? Is he required to specify where in the retainer contract it is written that he can withdraw as my attorney if i ask him to? Would filing a complaint/grievance give any satisfaction or is it just a hollow formality that favors the attorney?

    Thanks for any help or feedback, I truly appreciate it.

    B

  2. #2
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Lawyer Withdrawing After I Ask for Explanation

    Quote Quoting _zardoz_
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    So, now that he is dumping me what can I do?
    Get a new lawyer, you and your new lawyer are entitled to any and all work he has completed.

    Quote Quoting _zardoz_
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    Do I need an attorney for after the meeting of creditors? What questions should i ask my attorney while he is still my attorney in relation to what has happened and how it may affect the process post 341 etc.?
    It would be in your best interest to have a lawyer for the entire bankruptcy process. You should start looking for a lawyer now. Your current lawyer can offer you guidance On what the next steps are, once you find a new lawyer you he will contact your current lawyer to get his information on your case, and will be able to tell you what has been done, and what will happen next. It is possible he will contact the other lawyer before taking your case.

    Quote Quoting _zardoz_
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    Am I entitled to a partial refund?
    Maybe, it depends what you have paid for, and what the lawyer can bill you for.

    Quote Quoting _zardoz_
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    Is he required to specify where in the retainer contract it is written that he can withdraw as my attorney if i ask him to?
    No, you are welcome to review the contract yourself and look for clauses he violated, or hire an attorney to do so, but unless you sue him he is not required to explain the details of the contract to you.

    Quote Quoting _zardoz_
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    Would filing a complaint/grievance give any satisfaction or is it just a hollow formality that favors the attorney?
    If the attorney is well respected and has not received other similar complaints then it will likely fall on deaf ears. If this is an on going issue then his firm may be interested. The Bar likely doesn't care.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lawyer Withdrawing After I Ask for Explanation

    Most retainer agreements include a provision for withdrawal if there is a breakdown of the attorney-client relationship. Did you review yours for such a clause?

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