Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

A: Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should not expect to get all of it back. Most attorneys (including me), ask for some portion of the fees on a non-refundable basis to cover the work they have done to get the case started. Obviously, she should let the attorney know that she is not happy with the fact that little or nothing has been done and the case is still not ready to file.

A: Experiencing delays in a legal process, especially one as significant as bankruptcy, can be incredibly stressful. If your wife has already paid for services that have not been rendered within a reasonable timeframe, it's crucial to address this issue directly with the attorney or their firm. Communication is key; she should request a meeting or a detailed update on the progress of her case, specifying the concerns about the time that has elapsed since payment.

If the response from the attorney or their office remains unsatisfactory or if they continue to cite being busy without showing progress, it might be time to consider further action. This could include reaching out to the state bar association to inquire about the standard procedure and timelines for bankruptcy filings. They can also provide guidance on how to file a complaint if necessary.

Exploring the option of seeking assistance from another legal professional might also be beneficial. A second opinion can offer clarity on whether the delays experienced are out of the ordinary. Before making any decisions, ensure that any agreements with the current attorney are reviewed to understand the terms, particularly regarding fees paid and services expected.