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What can I do about a negligent lawyer?

Atlanta, GA |

I am pending a bankruptcy adversary hearing. At the bankruptcy court, the person contesting my chap 7 is a pro se.My lawyer seemed to be a deer in headlights and just doesn't seem to be fighting for me. Now, although I am filing Chapter 7, she sends me a letter with a Chapter 13 as I am sure that's a typo. She almost missed the reply date so she asked for an extension and then withdrew it.While in court, she is reading law terms as if she is new in law, and telling me how much money I owe her shortly before court.I want to know if I have any rights, any advice would be helpful. I am so stressed that I am having a lawyer who doesn't seem to be astute meanwhile this creditor is relentless!

Attorney Answers 4

Posted

Your post is vague and beyond a possible typo, you really don't tell us a thing that your lawyer has done incorrectly or the harm you have suffered. Certainly, no one here can second guess your lawyer or give you advice about your case, especially with no actual facts. As far as your "rights," you have the right to see another lawyer for a second opinion.

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Posted

Thanks for your response. At the Bankruptcy hearing, she informed the judge that the plaintiff is not eligible to contest my bankruptcy.The judge stated he has a right under the intent to damage rule. Geesh, I knew that. Then she began to speak so low as if she was scared.In fact, she almost missed the window to reply to the claim the plaintiff made against me had I not called to remind her.She filed an extension. And to top it off, she files a withdrawal of the extension, sends it to me in the mail, and I do not have a clue what it is.She asked me if I was working after the bankruptcy hearing as she should know the basics about me if she's representing me. In talking to the plaintiff, she is offering information about me and I told her he is harassing and to not disclose any of my information. I thank you for your response.

Posted

Please review your retainer agreement you signed with your attorney. Most retainers would specify what will happen if there is an adversary proceeding in the CH 7 case (or if it was covered in the basic flat fee). Then sit down and discuss with your attorney if you need to hire an additional attorney for adversary proceeding.

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Posted

Your post is not clear. You really don't tell us a thing that your lawyer has done incorrectly or the harm you have suffered. Certainly, no one here can second guess your lawyer or give you advice about your case, especially with no actual facts. As far as your "rights," you have the right to see another lawyer for a second opinion or you can contact your state bar association if your lawyer has done you wrong.

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Posted

Most attorneys exclude adversaries from their Chapter 7 agreement due to the work necessary to litigate one including myself. A typo is not a negligence action. You must have damages.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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