Legal Question in Appeals and Writs in California

Re: law firm filing bankruptcy

Hard to say without knowing more (you didn't say how much you paid, whether it is a flat fee or hourly arrangement, what kind of case it is, etc.)

There are a number of reasons why you might need to file a claim in bankruptcy (within the relevant time limits) to try and get some of your money back.

You should also notify the State Bar of California, the US District Court, and the US Court of Appeals. And, of course, you will need to find out whether they are going to complete work on your nephew's appeal, and if not, you will need to get your (his) file returned, and you will need another lawyer.

Re: law firm filing bankruptcy

The bankruptcy filing does not mean the firm is going to stop representing your nephew. Businesses that enter bankruptcy don't usually stop operating; they just stop paying their debts.

You should contact the attorney handling the case and ask what's going on, but chances are that the firm will continue handling the case just as it would have otherwise.

The reason you received notice is probably that the firm views you as a potential creditor. If you could even potentially claim you are owed a refund at some point in the future, listing you as a creditor may have been a sensible precaution.

You may want to consult with a bankruptcy attorney to learn what rights you might have, how the bankruptcy filing will affect those rights and what you need to do to protect them. If you are not confident that the firm will be able to continue ably representing your nephew and want new counsel, it is important that you protect your ability to get a full or partial refund -- an ability you might lose in the bankruptcy court if you are not careful. It would be bad enough to lose your nephew's current lawyer; simultaneously losing the ability to pay successor counsel would be even worse.

You probably won't need to hire new appellate counsel but, if you do, please feel free to contact me. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) and have handled many criminal and civil appeals in both state and federal courts. I am in Los Angeles but can handle Ninth Circuit cases regardless of where they arose.

Re: law firm filing bankruptcy

If they are ceasing reprensentation, then you need to hire another attorney to proceed. Contact me directly. 19 years experience.

Re: law firm filing bankruptcy

Get new counsel, immediately. You may be able to file a bankruptcy claim and someday get some of your money back.