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My attorney wilfully disregarded my repeated instructions to

Customer Question
accept Bankruptcy Trustee's money judgment...
My attorney wilfully disregarded my repeated instructions to accept Bankruptcy Trustee's money judgment offer to end the case. Instead, without my consent or approval he filed for a motion for summary judgment thus alienating the trustee. What is the remedy? How do I bring it to trustee attention that I was and still am willing to accept his offer but my attorney is intentionally not conveyig him the message?
Submitted: 9 years ago.Category: Bankruptcy Law
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Answered in 6 hours by:
12/6/2008
Bankruptcy Lawyer: VanDLaw, Attorney replied 9 years ago
VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
Verified

HelloCustomer

 

At this point your only recourse is to terminate your attorney and seek new representation. In the meantime while looking for a new attorney, you are not represented and therefore represent yourself. At that time you could write a letter to the Trustee accepting his settlement offer. You could also include that you had wanted to accept earlier but your attorney refused to follow your directions. Make sure you indicate that you are no longer represented by the attorney, and that you are seeking counsel. The Trustee is now free to deal with you directly.

 

I do not know what has gone on in your case, and your attorney may have very good reason as to why they are not accepting the offer. Make sure you have a good discussion with your attorney as to what is going on, and make sure they know your dissatisfaction with their service. There could be something more going on. If you are still not satisfied it is your right to terminate the attorney's services and pursue all negotiations yourself with the Trustee. The Motion for Summary Judgment will either have to be heard or withdrawn, it must be disposed of one way or the other, so if you do terminate know you will have to deal with that. And of course, you can always get a new attorney to handle the case for you entirely.

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Customer reply replied 9 years ago

I am not able to leave Las Vgas to attend personally the court in San Diego. Is is legally alright to address the court via mail to complain against my acceptable by the court if I

Customer reply replied 9 years ago

PURE GREED: That's my answer to your observation that my attorney may have very good reason for not accepting the offer. My attorney has just opened his own law firm in September 2008. By accepting settlement he will have no scope to raise unneccessary bills. Whereas by going for summary judgment and subsequent trial he will have ample scope to do so. For your information he has demanded IMMEDIATE RETAINER OF $10,000 to proceed further in summary judment matter which, in the first place, he started without my consent or approval

I am not able to leave Las Vegas to attend personally the court in San Diego. Will it be legally acceptable by the court if I lodged complaint against my attorney via mail? If I answered by mail subsequent querries raised by my attorney/court? Eagerly await your reply.

Bankruptcy Lawyer: VanDLaw, Attorney replied 9 years ago
Yes, you can mail your answer or any correspondence to the court, do so certified mail. If you have a complaint against your attorney you should file it with the State Bar of Nevada. You can also include it with your response to the Trustee as well. You may even want to consider copying the Trustee on your complaint to the Bar. Attorney's are compelled to give all offers of settlement to their clients, and are duty bound to follow their client's direction or withdraw from the case if they find the client's direction to be illegal, or unethical or he simply cannot in good faith continue to represent them. In that case the Court has to allow the attorney to withdraw for cause. If your attorney is dragging out a case to keep up the billable hours that is inexcusable. I would retain another attorney if you need further legal counsel.
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Customer reply replied 9 years ago
Many thanks for your prompt and comprehensive answers to my questions. I am certainly going to refer this website to any and all my friends and acquaintence. Just one last question: My bankruptcy case is in San Diego and my attorney is also located in San Diego. Do I file complaint against him with State Bar of Nevada, as advised by you, or with State Bar of California since he has his practice in California
Bankruptcy Lawyer: VanDLaw, Attorney replied 9 years ago

Sorry for the confusion. You file a complaint where the attorney is located, so California is where you would lodge your formal complaint.

VanDLaw
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Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
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