In general do not fire your old attorney until you have engaged a new one. You will have far more leverage in negotiating with the new one if you are not in between lawyers.
But have a good reason to explain yourself to the new attorney. Be specific in how the old attorney let you down and get assurances that the new one won't act the same way. For example a common reason for firing the old attorney is that the old one keeps delaying in actually filing the lawsuit.
Once you have reached agreement with the new one then he can assist you in notifying the prior attorney that his services are no longer needed and to notify the parties of your new representation.
Thursday, July 16, 2009
Friday, July 10, 2009
Hiring a bankruptcy attorney
This article has a few ideas about hiring a bankruptcy attorney. Keep in mind that many bankruptcy attorneys will give you an initial consultation for free. To make the most out of this time get your data together. Collect your income information, your minimum monthly expenses other than for credit repayment and information about your dependents.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
Tuesday, July 7, 2009
What is a retainer
If you are paying your attorney by the hour your attorney will frequently ask for money up front - this is called a retainer. The details of this retainer should be spelled out in your engagement letter.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
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