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What does "client expressly waives any potential or perceived conflict of interest when he still owes fees to attorney" mean?

Atlanta, GA |

My chapter 7 case has been discharged although I still have a balance due to the lawyer. What does this section of my agreement mean? "The attorney shall have the right to withdraw from representation subject to court approval. Any sums due to attorney are subject to discharge, just like other pre-petition debts to creditors are subject to discharge. Client expressly waives any potential or perceived conflict of interest in having attorney represent client while client still owes fees to attorney."Received discharge notice in the mail so I assume he didn't withdraw. Haven't hear from him in 4 months, no invoice received and I intend to pay my fee but what exactly did I expressly waive? I'm confused?

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Attorney answers 2


The potential "conflict of interest" is that he is your lawyer and he is also a creditor. The document purports to waive that conflict. You won't likely get an invoice because the debt is legally discharged, but you can pay the bill and move on.



Thank you for replying but how is the debt legally discharged if I didn't list it as one of my debts?


Good chapter 7 attorneys do not usually allow a client to file without paying all or most of their fee upfront precisely because the debt to them is dischargeable. The conflict that he sought to waive is that your lawyer was both your creditor and your lawyer. He probably will not invoice you because of the discharge.

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