Is it possible to change my attorney after my bankruptcy case was confirmed? 16 Answers as of February 21, 2012

It is unclear from your question in what state you filed. In any event, a client can always fire an attorney and substitute another attorney - it's a one page form the new attorney can send to the old attorney to sign and file with the court.

You can change attorneys but you might have to incur more fees if you do so. I am not sure if it is his fault or not that the creditors were left out. If you believe it was his fault, then you could make a complaint and demand he do this work for free.

The client is the master of the attorney-client relationship. You can replace him whenever you please for cause or no cause. Chapter 13 cases have additional protections because you overlay the federal protections on top of the attorney-client relationship traditionally governed by the State Bar. In Chapter 13 cases, you usually sign an agreement called the "Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys", which was drafted by the judiciary (judges and their assistants) to protect Chapter 13 clients and extend some equity to the attorneys because Chapter 13 plans can last up to 5 years. During those 5 years, clients will usually have questions or require additional representation because of changes in circumstances. That agreement requires your Chapter 13 attorney to take your calls and give you a reasonable amount of time to respond to your questions, which could be from seconds to minutes. In addition, your attorney is obligated to represent you as matters come up unless relieved as counsel by the Court. What all that means is that you can retain a new attorney and ask him/her to file a motion to require your original attorney to disgorge some of the fee you paid him/her or you can talk to the Office of the United States Trustee to persuade him to assist you as the Office of the United States Trustee has the power to get an order requiring the attorney to disgorge some fees for the attorney's refusal to see you through the case.

Yes, you can certainly change attorneys at any time, and given your experience, probably a good decision to do so.

You certainly can change your attorney. The attorney-client relationship is a relationship and the parties need to be able to communicate with one another and trust one another. In general, the Court will allow to changes attorneys after confirmation if that is your wish. I would hope that my clients would be understanding if I had a bad day and we had one unfortunate conversation. I would hope they would feel comfortable calling me and talking about the issue. I suggest you call him and tell him how you felt. You may get an appropriate response that makes you feel better. You may get more of the same. At that point, you can "fire" your attorney and decide to move forward with someone else or you can leave things as they are if you are assured you will be treated with respect moving forward. Understand that a new attorney will also expect to be paid so switching gears mid-stream could cost you more that you had intended to pay. Your new attorney can handle the substitution issue with the court. If you feel that your attorney has lied to you or mishandled your case, you can file a complaint with the bar in the state where he is licensed.

Yes, you are always able to hire another attorney. The new attorney will probably require a payment however. Once the new attorney files his or her appearance, the current attorney will file a withdrawal of his or her appearance. Attorneys are governed by the Board of Bar Overseers. In Mass, you can reference this site: http://www.mass.gov/obcbbo/complaint.htm. You can always file a complaint with them. Also, if the attorney is a member of the better business bureau, you can file a complaint there too.