Legal Question in Consumer Law in Florida

Rights Concerning A Law Firm Filing Bankruptcy and Abandoning Case.

We hired an attorney due to a filing of a foreclosure on our property. We had documation showing all payments were made on time. This was in June 2004. We were told that we had numerous fair debt breaches by the law firm repesenting our 2nd mortgage company and by the company directly. We paid a retainer of $750.00 and $400.00 per month thereafter for a foreclosure defense fee. The attorney we signed with met with us in Orlando and all of our checks were sent directly to him. He was very knowledgeable concerning the mortgage company and knew the attorney of record for the mortgage company quite well. We had been told it would take a couple of months to work it out. He told us he had a gentleman's agreement over the phone with the other attorney. He called in Dec. and told us another attorney in the practice looked over the fair debt issues. Now he is telling us that the law firm he represented is filing bankruptcy. He setup another law firm and is using the same 1-800 number and address. He has petitioned the courts to be relieved of our case. Do we have any recourse in the courts against the firm? They have left us in a very vunerable stage. Are there any laws on our side? He is refusing to return our paperwork and case file.


Asked on 3/02/05, 5:00 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Rights Concerning A Law Firm Filing Bankruptcy and Abandoning Case.

Your question is not quite clear. But if the attorney abandoned your cause you do have remedies. I urge you to consult with another attorney in your locale, as soon as possible.

Bankruptcy filing may obviate a malpractice claim , but not ethical violations.

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Answered on 3/04/05, 6:08 pm


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