Posts Tagged ‘For Attorneys’

When Bankruptcy Attorneys do a Wicked Bad Job

I’ve been doing a lot of research lately on attorney malpractice… specifically, bankruptcy attorney malpractice.  More and more attorneys are popping into bankruptcy practice because they think it’s the new growth area.  And sadly, some are doing a god-awful job at it – and in some cases, they are hurting debtors.  So in my research, I came across this case that came down last Friday out of the Northern District of California.

What caught my eye about it was the opening sentence: “[t]he schedules filed in this Chapter 7 case by [debtors’] attorney …contained horrific omissions, including a furniture store filled with furniture, a $13,000.00 bank account, a 2008 Mercedes automobile, and real property.”  [emphasis added].  As I read the decision, I learned that the term “horrific” was justified, and then I wondered to myself…’how many other lawyers are out there doing the exact same thing as this guy?’

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A Discussion About “Professional Courtesy”

A few months ago, I terminated representation of a particular client.  There are many reasons representation ends – and from a factual standpoint, they are no one’s business except me and the client.  The reasons for that are quite simple: I am duty bound to keep the confidences of my client.  My fired client then went to another attorney who, after meeting with him, decided to call me.

“Why did you fire the client?” I was asked.

“You know that I cannot disclose the reasons why.” I replied.

“Oh, is that how you want to play?!” was the intemperate response.  The conversation then got a tad ugly, and the new attorney insinuating all sorts of nice things.  None of which were true – and none of which I could discuss.

And all I could do was sit there in silence. (more…)

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