Ultimately, whether or not to change attorney during bankruptcy depends on a variety of factors that should be assessed on a case-by-case basis.
Whether you are an individual, a couple, or a company that is in a difficult financial situation, you have probably thought about your options. one of them files for bankruptcy. From there, you’ve looked for your best options and hired a bankruptcy attorney to guide you through the complicated process. Now you are finally back on the road to financial freedom and relaxation. But what if you are dissatisfied with the services your bankruptcy attorney provides? What if the lawyer you hire isn’t doing their job properly and you are wondering if you can change lawyers during bankruptcy? While the short answer is yes, there are a few things to consider before deciding to switch attorney during bankruptcy.
Why you might consider changing your bankruptcy attorney
When you hire a bankruptcy attorney, you seek expert advice and guidance to navigate the complex and arduous bankruptcy process. However, you may find yourself in a situation where the lawyer you hire does not suit you. Some of these reasons may cause you slight inconvenience while others may prevent you from successfully pursuing your bankruptcy case. Regarding the latter, here are some red flags that could lead you to change your bankruptcy attorney.
- Your current lawyer or a representative from his / her office usually cannot return your calls or reply to emails.
- Your bankruptcy attorney misses appointments or bankruptcy proceedings, or is consistently late.
- Your bankruptcy attorney does not advise you competently. Especially if you are not informed about your rights and obligations or the entire bankruptcy process.
- Your lawyer missed important registration deadlines with the court, e.g. B. filing tax returns or submitting all required documents or forms.
While some of these flaws may seem nominal, other flaws can result in your case being dismissed altogether!
A hammer. Image via Wikimedia Commons via Flickr / User: Brian Turner. (CCA-BY-2.0).
The disadvantages of changing lawyers during bankruptcy
While you may be in an imperfect working relationship with your bankruptcy attorney right now, try your best to resolve any issues first. Changing your attorney during the bankruptcy process should be reserved as a last resort as it can lead to the following outcomes:
- Delays and more time in your case.
- Complications related to legal fees.
- increased legal fees.
- more complex documents for you, your lawyer and the court.
What is the process of changing lawyers during bankruptcy?
In most cases, you will need to get court approval before changing attorneys during bankruptcy proceedings. This is usually done by filing a substitute for a lawyer’s defense. Before filing, the representation is signed by the client, old and new lawyer.
When looking for a new attorney, it is important to discuss and clearly understand how your new attorney and your previous attorney will be compensated. Additionally, it is advisable to sign a fee agreement with your new lawyer. This will help avoid complications and increased legal fees. Also, remember that bankruptcy is a specialized area of law. That said, not all lawyers have the required experience and skills to effectively guide you through the process.
Ultimately, whether or not to change attorney during bankruptcy depends on a variety of factors that should be assessed on a case-by-case basis. Contact a leading Hackensack bankruptcy attorney today for free consultation and discussing your particular circumstances.