How to Fire Your Bankruptcy Lawyer -- Substitution of Counsel

How to Fire Your Bankruptcy Lawyer

You have the right to change attorneys at any time during your bankruptcy case. Here is the process:

1. Find a new attorney first: Before firing your current lawyer, consult with a replacement. Make sure someone is ready to step in.
2. File a motion to substitute counsel: Your new attorney files a motion (or you file pro se) to substitute counsel. The court must approve.
3. Fee issues: Your old attorney may claim a fee for work already performed. The court can resolve fee disputes under Section 329.
4. Get your file: Your attorney must return your file, including all documents you provided. This is your property.

When to Fire Your Bankruptcy Lawyer

• They are not returning your calls or emails
• They missed a filing deadline
• They gave you incorrect advice that harmed your case
• Their fees seem unreasonable compared to the market
• You have lost confidence in their competence or diligence
• They are pressuring you into decisions you are not comfortable with

You can also file a complaint with the U.S. Trustee or your state bar association if you believe your attorney engaged in misconduct.