Personal Bankruptcy additional fees

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catfishcally7

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My husband and I have recently filed chapter 13 bankruptcy. When we went to our lawer for the consult we were quoated a retainer fee. We asked what that fee covers and we were told that if covers the filing and everything else that comes about. Having been thru this before and learning the hard way I asked about the additional expenses that will come up, does the retainer cover it or could we add any extra expences to the chapter 13 as a secured dept. He told us there would be no additional fees. now 3 months later, guess what? we are getting bills from him for these little things that come about with this kind of stuff. My question is, can we amend the bankruptcy and add these additional fees? Or are we liable for them even though he lied?
 
You really need to read your retainer agreement. There are differences between expenses and fees. A lawyer fee is the amount the lawyer charges to handle a matter. An expense is a cost that is not an attorney service fee. Have you spoken to your attorney about your difference of opinion with regard to your retainer agreement?
 
Originally posted by catfishcally7:
hate to fess up to this one but I don't recall ever signing an agreement.
This is a mistake on your part and on the part of your attorney. One should always have a retainer agreement and the attorney should make sure to put one in place.

Regardless, you simply need to determine what the charges are for as I said above. I'm not sure that you have been wronged. It doesn't seem logical to expect that any professional or other business would state or imply that they will take care of all your problems, all expenses included, for a set cost that doesn't include the costs that would be incurred whether you used their assistance or not. For example, would it make sense to interpret an attorney's statement that he'll handle a case for $500 and no additional professional fees to mean that if there are $600 of expenses for court costs to file your case those expenses/fees are included? Of course not. Nor would it make sense to say that the $500 would include court costs if they were only $400 since the "quid pro quo" or the exchange of benefit for each party seems too lopsided for a reasonable deal. This isn't to say that deals aren't made as such but I'd sure clarify any ambiguity first.
 
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