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Can u fire a bankruptcy lawyer?

Malvern, AR |

This lawyer just dont seem to care about our case we never know whats going on. We ask ?S and we get attitude, we go to court and look stupid because she doesn't prepare us or even let us know what we are to bring. I just don't know what to do feeling a little stuck

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Attorney answers 4

Best Answer

You have an absolute right to fire your lawyer any time for any reason or no reason. Thi sissues to consider are (1) do you own the lawyer money and (2) can you afford to get another lawyer? If you owe the lawyer money when you discharge her it is liable to be a struggle to get the file, and your new lawyer will need that. Also when you change lawyers, it can sometimes be costly for the new lawyer to get up to speed in the case. It depends on how complicated the case is and what stage it's in. If you can't patch up the relationship with your present lawyer, make sure you have a new one on board before you discharge the old one.

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Yes, you can fire your attorney but if fees have been properly earned, you would not receive a refund.

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.



What if the lawyer took his full fee upfront, did nothing but collect your bills and whatnot, advised you to delay filing due to your wages being too high at the time (also anticipating more debt to accrue for inclusion in the CH13).. But in the meantime, your house was foreclosed because he didn't notify anyone that you were filing? I was told to report him to the ARDC and demand a refund of the $3500 fee that he charged. I will need a new lawyer

Eric Charles Lewis

Eric Charles Lewis


That sounds about right.


Yes, you can fire your attorney. Demand a copy of your file -- it is your information, after all -- and/or go to court and pay for a copy of all documents filed in your case. Then simply fire the lawyer and seek out a new one or do it yourself.

Getting your fees back may be an issue, however.

The information provided here should not be taken as a substitute for legal advice from retained local counsel. Mr. Basmaji does not intend to create nor does he consent to a formation of an attorney-client relationship with anybody, including the question poster, just by virtue of posting information on this website. If you are in need of legal advice, you should consult and retain local legal counsel.


Just to add my 2 cents worth, I will never take a case where the client has fired the prior attorney because it always more trouble than it is worth & I can never charge enough money to compensate me for the aggravation. Even if I know it is the attorney's fault that the case went bad, someone who is unhappy with their prior attorney is likely to be suspicious when working with me.

If your attorney has lots of bankruptcy experience, s/he may be experiencing staff problems & you should inform the attorney of this problems. If you are in a Chapter 13, some lawyers will delay providing the documents to the Court until the last minute. It makes the job more fun, I guess.

Hope this perspective helps!



I understand what u are saying but at the same time i don't feel a lawyer should just take too many cases to where they make there client feel this way.

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