Personal Bankruptcy lawyer withdrawing after I ask for explanation

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zardoz

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It is 2 business days before my 341 meeting and my attorney just emailed me stating : " Please note that I intend to send you a form letter indicating my intentions to withdraw from your case as soon as I fulfill my duties at the Section 341 meeting of creditors. Once the court strikes my appearance, you will need to seek another attorney to address any issues you have".

This is his response to an email i sent yesterday asking for an explanation for the lack of communication and professionalism I have encountered since hiring him. My repeated emails to him, as directed - updating my finances and asking specific chapter 7 questions such as finding employment, closing a checking account, and how to answer one of the trustee questions went unanswered let alone there being any acknowledgment of the reception of the emails.

I had previously addresses the lack of communication and asked to be treated with the expected standard of conduct for his profession over a month ago with no response or improvement. I tried to appeal to his humanity by indicating that I had spent a large some of money for his services and being kept in the dark let alone ignored was affecting my anxiety and irritability conditions.

Yesterday, less than a 4 business days before my 341 meeting, my therapist called my lawyer and his paralegal (?) assigned to my case said that they had emailed answers to my last email that i sent over 10 days ago, which is false. Indicating i had not received anything she said she would resend this email to me and my therapist right then. We did not receive this phantom email as i believe that she got caught in a lie as it still hasn't been sent to me even after i requested in writing that she please follow through, and now they are withdrawing I guess they are safe and the fact that she stated these things to me and my therapist is null and void.

The paralegal did however mistakenly emailed me instead of my lawyer saying that i was at my therapist and was "freaking out" about my unanswered questions. The email he was supposed to receive included the very email i sent them both 10 days ago. Moments later my lawyer then called my therapist and when i spoke to him he stated that he was unaware of my latest unanswered email sent 10 days ago, and knowing that he now had it, he still stated that he didn't. He finally did answered my questions in a smug and condescending manner as I had to read the email to him. And of course there was no apology for the lack of communication at such a late date or having to have my therapist get involved for his firm to do their job.

So, now that he is dumping me what can I do? Do I need an attorney for after the meeting of creditors? What questions should i ask my attorney while he is still my attorney in relation to what has happened and how it may affect the process post 341 etc.? Am I entitled to a partial refund? Is he required to specify where in the retainer contract it is written that he can withdraw as my attorney if i ask him to? Would filing a complaint/grievance give any satisfaction or is it just a hollow formality that favors the attorney?

Thanks for any help or feedback, I truly appreciate it !
 
If people can't get along, they leave each other alone. You have a right to fire your attorney, he has a right to decide he can no longer serve you properly.

You are free to hire another attorney. If you can find one, so start looking. Will he refund any money paid to him back to you? Ask him, via written correspondence. If you believe he's been unethical, illegal, or unprofessional; file a complaint with your state bar association.

Most lawyers don't want to be hounded. They know what you require, and they'll address it in time. However, he's doing it correctly, by motion to the court. Ultimately the judge decides if he is allowed to withdraw.
 
If you believe you will still need a lawyer's help after the 341 meeting, you are free to hire another lawyer. Some people no longer require a lawyer after the 341 meeting. It depends on the individual & if they have any additional concerns they need help with.
 
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