Firing and Replacing Your Bankruptcy Lawyer

The most common complaint clients have about attorneys is that they don’t promptly return phone calls or emails. While lack of immediate communication alone is typically not a reason to fire your attorney, it might indicate more significant problems. On the other hand, if your attorney lacks the competence to handle your case, it is time to fire your bankruptcy lawyer.

This article explores red flags suggesting your attorney's performance might harm your case. If they exist, it might be time to replace your attorney.

Your Attorney Doesn’t Return Your Calls or Emails

Attorneys are typically busy people, and they commonly meet with other clients or attend court appearances away from the office. Still, answering your questions is part of their job. If your attorney repeatedly fails to return your calls or emails and keeps you in the dark about your case, you might be dealing with an incompetent attorney.

Your Attorney Doesn’t Have the Skills to Handle Your Case

Bankruptcy is a specialized area of the law, so you won't want to hire an employment or environmental law attorney to handle your bankruptcy case. Even a lawyer who regularly handles Chapter 7 bankruptcies might not possess the knowledge and skills necessary for a Chapter 13 matter. If your attorney doesn't have the knowledge to handle your case, you need a new lawyer.

Learn about the differences between Chapter 7 and 13 bankruptcy.

Your Attorney Doesn’t Advise You of Your Rights and Responsibilities

The purpose of hiring an attorney is to take the mystery out of the bankruptcy process and ensure your case proceeds smoothly. Your attorney's job is to inform you of everything you must do throughout the process. Failure to do so could indicate a lack of knowledge and competence.

Your Attorney Misses Meetings or Hearings

It is a big red flag if your attorney doesn't show up for scheduled appointments or bankruptcy hearings. Failure to appear at bankruptcy hearings can cause unnecessary delays or result in dismissal of your case. An attorney who can't attend your appointment or hearing should send another attorney to meet with you or appear in court.

Your Attorney Misses a Deadline

Bankruptcy filers must meet multiple deadlines after filing a case. These deadlines apply to:

• filing official bankruptcy forms
• sending supporting documentation to the bankruptcy trustee, and
• opposing any motions or objections filed by creditors.

It is the attorney's job to know the deadlines and ensure they are satisfied. If your attorney fails to meet all required deadlines, your case could get dismissed or suffer other adverse consequences.

Choose Your Bankruptcy Attorney Carefully

Firing your attorney during bankruptcy can result in delays and additional fees, so it should be a last resort. If you must replace your bankruptcy lawyer, give as much information about your case as possible when meeting with potential replacements. It will help the lawyer determine how much work will be required to get your case back on track.

You'll also want to ask about their experience handling bankruptcy cases. Bankruptcy is a rule-based area of law, and it's difficult for someone who doesn't regularly practice to understand how all the rules interact. To avoid more problems, consider hiring someone with significant bankruptcy experience. Learn about finding a bankruptcy lawyer.