Firing and Replacing Your Bankruptcy Lawyer

Having incompetent representation is something a bankruptcy filer cannot afford, the potential life altering consequences are too great to risk. So what happens when your bankruptcy attorney is not performing up to par?

Firing Your Bankruptcy Lawyer

It doesn't happen too often, but once in a while, the performance of a bankruptcy lawyer merits firing and replacement.

It's been estimated that over 25% of people dealing with attorneys for any type of case are not totally satisfied with their performance. One of the biggest complaints is that phone calls and emails are not returned in a timely fashion. While this is not reason enough to fire an attorney, sometime the performance lacks in more dramatic ways, such as not appearing to court hearings, and leaving clients in the dark.

When Does a Bankruptcy Lawyer Need Replacing?

If your attorney is performing in such a way that your case is suffering, then it may be time to fire your bankruptcy lawyer, and find a new one. Not returning phone calls quickly is not reason enough, but if your lawyer is missing appearances, and you're not sure what is going on with your case, then it may be time to take some action.

Five Signs You've Got a Bad Attorney

1: Your Attorney Does Not Return Your Calls

While attorneys are known to be busy, it is their job to handle your case. If they or someone from their office fails to return your calls in a timely manner, you may be dealing with an incompetent attorney. Administrative tasks and making sure your questions are answered are part of an attorney's job.

2: Your Attorney Does Not Provide a Fee Agreement

A fee agreement should be provided to you at the outset of the case. Failure to provide a fee agreement may indicate that your attorney is going to provide you with a giant bill after your case is closed. Most bankruptcy attorneys will ask for money at the outset since their clients are in financial situations that may make it difficult for them to pay. You should be provided with some kind of fee information early, and a fee agreement should be signed before your attorney is hired.

3: Your Attorney Does Not Advise You of Your Rights and Responsibilities

The purpose of hiring a bankruptcy attorney is to take the mystery out of this legal process. It is your attorney's job to inform you of everything that you must do throughout the process.

Sign 4: Your Attorney Misses Meetings

If your attorney does not show up for appointments you should be concerned. An attorney should at minimum send someone to stand in for him if he cannot appear at court appearances or business meetings. There is no excuse for an attorney who cannot show up for court.

5: Your Attorney Misses a Deadline

If your attorney misses a filing deadline, your case could be in jeopardy. This can result in a malpractice case if it effects the outcome of your case.

Your bankruptcy lawyer works for you, and just like any other paid service, you deserve to get what you paid for. Keep in mind though, firing an attorney part way through a bankruptcy can be an expensive proposition, and should only be done as a last resort.

Choose your Bankruptcy Attorney Carefully

This situation is exactly why it is so important to consult with several attorneys before choosing a bankruptcy lawyer. The best solution for hiring a bad lawyer, is not hiring them in the first place, but it's not always avoidable.