Legal Question in Bankruptcy in Michigan

Dumping or reporting an uncooperative lawyer

I would start by sending your lawyer a letter or preferably a fax stating that since you have not been able to reach him/her, you assume he/she is not willing to continue representing you and will give you a complete copy of your file by a certain date and time. (I suggest one week to 10 days is a reasonable amount of time.) Give the Trustee and the Bankruptcy Court a copy of this letter, and keep one for yourself.

Show up to pick up your file at the time you stated you wanted it; even if you can't get your file, you nonetheless will be free to find another attorney in whatever way you feel is best.

As for reporting the lawyer, I would ask the advice of the new attorney before acting. I can tell you that I would never touch a case where the client had reported the prior lawyer because it means the client is a potential problem no matter how bad the client said the prior lawyer was. I don't need any case so bad that I am willing to deal with the hassle, and my problem is with clients calling every day and expecting an answer every day. If your new lawyer feels you have enough evidence to warrant a report against your ex-lawyer, let him/her make the suggestion.

By the way, failing to return phone calls is the #1 reason for complaints about lawyers.