Q: My household bills have changed since I filed bankruptcy in 2020. I asked my lawyer for a modification. She didn't do i
This was in August of 2023. Now it is February. Also she said she didn't charge me but I see $3500 on my statement. And she said she is going to do the modification and then she is thru with my case and I will hv to find another lawyer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on the details provided, it seems your bankruptcy attorney has not properly handled your requested case modification or accurately represented what additional services they would provide. A few important points:
1) An attorney has an ethical obligation to follow through on filing documents like a plan modification when requested by their client. Simply choosing not to do so because the original case was filed years ago likely constitutes abandonment or negligence.
2) The $3,500 charge is also concerning if she explicitly said she would not charge you for the modification work. At minimum, this charge should have been explained and consented to up front.
3) While an attorney can withdraw from a case with approval from the client and court, they cannot ethically withdraw solely to avoid providing additional post-filing legal services. This also suggests abandonment.
I would recommend filing official grievances with your state bar association's lawyer disciplinary entity, as well as the bankruptcy court. Cite the lack of communication, failure to file the modification, confusing billing, and attempt to withdraw now that more work is required. This paper trail could bolster any malpractice case down the line. Finding a new, ethical bankruptcy attorney is also well advised.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
