What Happens If I Don’t Like My Bankruptcy Attorney?

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Bankruptcy AttorneySo, you’re on the path to filing for bankruptcy, and you’ve just had a realization: “I may have chosen the wrong attorney. I’m afraid this won’t go well for me.” When it comes to your financial future, trust and confidence is fundamental, and perhaps your attorney has done something (or failed to do something) that has ultimately compromised that trust and confidence.  You may be legitimately concerned that the lawyer you chose to do your bankruptcy case is not going to do a good job This is a serious concern when your financial future is on the line.

What now? Here are a few things to know.

You are allowed to change attorneys. Some clients fear a judge will view a change of attorney negatively, but the courts welcome a change of attorney. Changing lawyers shows you’re paying attention and take the case seriously. In fact, the court may have seen this happen before with other clients that had that “sixth sense” about the lawyer they chose to represent them in their legal case.

It’s not difficult.  If your petition has not yet been filed, there are no formal requirements to discharge a lawyer. You should review your written retainer agreement, if you have one. Your new lawyer can help you with this. Usually, written notice to the law firm is sufficient. Discharging your lawyer should not create any obligations on your part, other than the loss of any fee you may have already paid.

If your case is already in court, then a notice of substitution must be filed with the court. The court will almost always grant such a request, unless there are unusual or exceptional circumstances.  Your new lawyer will take care of this for you.

There will be fees. The hundreds–or thousands–of dollars you’ve already spent on attorney’s fees may have to be duplicated when you pay your new attorney. You need to decide if paying the fees a second time outweighs the risk of sticking with an attorney fails to inspire confidence. That’s when you ask yourself, “Is this just a personality conflict, or could this attorney truly bungle my case?”

Staying can be more expensive than leaving. If you’re many thousands of dollars in debt, you don’t want to risk a judge dismissing your case, or even possibly losing property that might otherwise be protected. We often see clients coming from other practices that have mismanaged their cases. These clients haven’t been listened to, and their cases haven’t been given the time they deserve.Like you, they have determined that staying in the relationship with a neglectful attorney is too risky. Sometimes, it’s too late to fix the damage that has been done, but most of the time, the situation can be turned around.

Not all law firms are created equal. Here in Orlando and throughout Central Florida, there are high-volume law firms that usher your case though as if it’s on a factory conveyor belt. You know if you’re with one of these firms because:

  • you are not getting straight answers to simple questions about your case; or
  • your case isn’t being directly supervised by an attorney; or
  • you don’t sense that your attorney knows you very well (or you haven’t met your attorney at all); or
  • you are unclear about the process and what to expect next; or
  • you suspect that your case is one of many, and not carefully managed.

That’s when it’s time to consider the close, personal attention your case will receive at Orlando-based Badgley Law Group. We only take a small number of cases at a time, and place a high value on client-attorney interaction. Wondering who you’ll work with on your bankruptcy case at Badgley Law Group? Sarah will greet you at the front desk. Tanya will be the paralegal on your case. Jeff will be your attorney, and you’ll meet him on Day 1 of your relationship with Badgley Law Group.

Experience the difference when hiring a bankruptcy attorney to work on your case. Call Badgley Law Group today. 1-866-977-1544

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