He talks very fast which leads to misunderstanding him later. Provided many conflicting answers. His recommendations were reasonable but then questionable when enacted. He suggested I strategically delay filing many times but then insisted I file immediately other times, and neglected to follow through. When I contacted him one time he asked me if we filed yet. He should have been advising me if he did or not. Very inconsistent. He and his office requested documents over and over and did not include vital items when file was presented to me. My case took 2 years to complete and ended up costing 75% more than originally agreed. Some extra costs were reasonable but not clearly spelled out before incurring them. Lastly, when I finally was to appear, he sent an underling that could not answer the trustee's questions leading to another month delay. He was recommended by a very trustworthy source.
Response from Kevin Benjamin December 24, 2013
This is absurd and makes no sense. This alleged client states that I have a strategy of “delaying” filing? What does that mean? Why would I or anyone suggest a “strategy” of not filing? You do not get the benefit of the automatic stay until you file! Then this person suggests I said to file immediately. That may have been the case, maybe there was a foreclosure, potential repo, garnishment, etc and you need to file to stop that. Of course I do not know who this alleged client is or the facts surrounding it, and this person suggests I did not follow through? Sounds like this person did not follow through. I never contacted any client in my life and asked if the case was filed. I know when it’s filed as I/we are the ones filing it!
No case takes two years to complete, maybe it took 2 years to pay the retainer, who knows? Or maybe this person made a few payments then years later wanted to “finish” and it never should have been reopened. Every client signs an attorney client retainer agreement stating the specific retainer and specific costs, so how in the world can this person say it costs 75% more, that is not happening and all retainer agreements in our jurisdiction need to be filed with the court for their review also. Maybe this person was a Chapter 13? Making payments to the trustee? That is not a payment to our firm and if they owed more then they thought perhaps the trustee payment was more (in which case they would be advised and sign off on it).
This person said he/she had to “appear”, I assume they mean at the trustee/creditors meeting. Like most firms I may send an associate attorney of the firm to handle the creditors meeting (sometimes I do go) that is the associate attorneys job! To cover basic meetings and court and this person says our associate could not answer Trustee questions? What a lie, the attorneys do not answer Trustee questions at a meeting, the trustee asks the client directly so what is this alleged client talking about?
As for requesting documents of course we do, all lawyers have to, its called doing our due diligence and the documents must be UPDATED by the client as the date of certain document depend on the date of filing so of course we keep asking for documents, that is our professional responsibility.
Of course this alleged person claims to have been a client over 3 years ago. In fact we can file cases the same day if need be and even filed 2 the same day in the past few weeks. But cases cannot be filed without clients paying and cooperating and that includes turning over required documents for review (we are just trying to protect the client....sometimes from themselves) and if the client is not providing documents we will keep asking and they must keep updating them until the case is filed.