Greeley, CO asked in Bankruptcy and Legal Malpractice for New Mexico

Q: An attorney said she was working pro bono on a bankruptcy appeal, but her contract clearly states it's a contingency.

I was injured in a fall in 2012. I had a PI case. My ex filed bankruptcy against my wishes. then we discovered the bankruptcy atty didn't list the PI case. I didn't know it needed to be listed! We hired a bankruptcy atty to open and change the case. It took a year and a trial! I was suspicious. I didn't want to work with her again. She said we had to file an appeal. She was angry about my questions and refused to answer. She filed an appeal, then five days later sent us contracts. She said it was pro bono, but contract says contingency. The atty called my ex and told him he verbally agreed to sign the contract. He signed it! It includes two pages on fees attached to my PI settlement and any other lawsuits, pay for other attys and 70% of any court awards. She insisted she was working for free, talks to my ex-husband and still refuses to answer my questions. I never signed, but am now listed as her client and she had settlement discussions claiming she's my atty! What can I do?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: If you didn’t sign the contract hiring her as your attorney, don’t, and she is not your attorney. Unless there is some misunderstanding as to the scope of her representation and what she is doing for you, and you she determine whether this is the case first, you probably need to find a new lawyer and straighten out the representation.

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