Switch lawyers after chapter 13 was filed

Asked over 4 years ago - Pewaukee, WI

went in chapter 13, in april of 09, tenants are not paying rent, can no longer do the overtime which amounts to a large amount of income, am not real happy with current attorney, i can only speak with legal aid, chapter 13 is not working, a person needs money to put food on the table, and pay heating bills. there is no way this budget is working, I would rather switch attorneys. is this possible

Attorney answers (1)

  1. Benjamin Patrick Payne

    Contributor Level 11

    Answered . You can elect to substitute a new attorney for your current attorney at any time during your chapter 13 case. There are inefficiencies in doing that due to the new attorney needing to get up to speed in your case, and getting a new attorney will not necessarily solve the budget problem in your case, but you are able to substitute in a new attorney if you decide that continuing with your current attorney will not help you achieve your goals. Before you leave your current attorney, you should do everything in your power to get answers from him or her as to the health of your case and what can be done to address the budget problems you are having so that you know whether bringing in a new attorney will change anything in terms of making your case more likely to succeed. I say that because. despite not being happy with the level of communication you have with your current attorney, switching attorneys is not cheap. Brining in a new attorney will cost you more in legal fees than continuing with your current attorney, and that additional expense is something you should consider before making the decision to switch horses. If you ultimately decide to get a new attorney to represent you in your current chapter 13 case, ask around and get some feedback as to bankruptcy attorneys in your area that are known for not only being qualified bankrutpcy attorneys, but also responsive to their clients. Avvo (this website) is a pretty good place to start in that regard.

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