How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask A.J. Your Own Question
A.J.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4300
Experience:  Experienced consumer bankruptcy attorney.
14926557
Type Your Bankruptcy Law Question Here...
A.J. is online now
A new question is answered every 9 seconds

When I appeared before a judge yesterday for a Chapter 7 I

This answer was rated:

When I appeared before a judge yesterday for a Chapter 7 I swore an oath etcetera. I was short some documents but the Trustee said they could be handled by the law firm and given to him. Nothing about my wife.

I had already missed my first meeting because of lack of filled documents.

The attorney that represented me was fine. The attorney that was supposed to was not there and this morning she called with total aggression. Enough so that I am almost tempted to call the Bar association.
I asked for the name of the stand-in attorney and she refused to give me his name or number. She refused to put me through to the receptionist.

Surely, I have a right to speak with the attorney that was representing yesterday? Can she keep his name and number which he was willing to give me but I misplaced? Her tone and nonprofessional attitude was abhorrent.

SavyLawyer :

Hello, and thank you for contacting Just Answer. I am a debt and bankruptcy legal professional, and I looking forward to discussing your questions with you.

SavyLawyer :

Just so that I understand the situation fully, you retained an attorney to represent you and your wife in a chapter 7 bankruptcy proceeding, and were required to attend a hearing in front of a judge, but a different attorney was sent in place of your attorney? Was this attorney from the same firm as your attorney? Also, your question is specifically about whether information about that attorney can be kept from you?

Customer:

Pretty much nailed it. I see why you're called Savvy. My wife could not turn up due to illness. The attorney that was supposed to be there was not.

Customer:

Does not work for the same firm. In fact is the husband of the hired attorney which I feel should have been disclosed.

SavyLawyer :

:) Thank you for confirming. Yes, based on the information provided, your request was a reasonable one (I don't think anyone could argue that asking for the name and information of an attorney that was sent to represent you was unreasonable).

SavyLawyer :

Although a bankruptcy attorney can, if necessary, send another attorney to represent you in front of the bankruptcy court, generally the client should be informed and that attorney's information should arguably be freely available.

SavyLawyer :

Arkansas rules of professional conduct number 1.4 governs communication between client and attorney, and requires that reasonable requests for information be granted:

SavyLawyer :

(a) A lawyer shall:



(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules.


(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;


(3) keep the client reasonably informed about the status of the matter;


(4) promptly comply with reasonable requests for information; and


(5) consult when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.


SavyLawyer :

As you can see, # XXXXX says that the attorney must comply with reasonable requests for information, and based on the information you have provided, that would certainly seem to apply to asking for information about an attorney who was sent to represent you.

SavyLawyer :

I hope this helps, and let me know if you need any further information or require clarification, I am happy to keep chatting with you. Otherwise, please remember to RATE my answer positively so that I can receive credit for my work.

A.J. and 2 other Bankruptcy Law Specialists are ready to help you