Thursday, July 11, 2013

Can my bankruptcy attorney refuse to speak with me?

An attorney licensed in the State of California must meet their professional obligations, including the duty to keep their client reasonably informed of the status of their case.  If your attorney is refusing to keep you updated as to your case, or if they have failed to respond to your reasonable request for an update, they may have violated a rule of professional conduct.  In turn, you may file a complaint with the California State Bar and/or fire your attorney.  Once you fire your attorney you will terminate your attorney-client relationship.  Furthermore, you will probably have to hire another bankruptcy attorney to represent you in bankruptcy.

Before you file a complaint against your attorney, be sure they have actually failed to keep you informed.  If the attorney took a day or two to return your phone call on a minor matter, their conduct probably did not rise to the level required for a violation of professional ethics.  Hence, be sure that your attorney has really refused or completely failed to respond to your reasonable requests for information before you consider taking action against them.

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