What you are entitled to as a client
As a bankruptcy client, you have specific rights under the law and the Rules of Professional Conduct that govern attorney behavior.
Right to competent representation
Under Model Rule 1.1, your attorney must provide competent representation, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for your case.
Right to communication
Under Model Rule 1.4, your attorney must promptly inform you of anything requiring your informed consent, reasonably consult with you about the means of achieving your objectives, keep you reasonably informed about the status of your case, and promptly comply with reasonable requests for information.
Right to your case file
Your case file belongs to you. Under Model Rule 1.16(d), when representation ends, the attorney must take steps to protect your interests, including surrendering papers and property to which you are entitled.
Right to reasonable fees
Under Model Rule 1.5 and 11 U.S.C. Section 329, your fees must be reasonable. The bankruptcy court has the power to review fees and order refunds of any excessive amounts.
Right to terminate representation
You have the right to fire your attorney at any time. In bankruptcy, the attorney must file a motion to withdraw, which requires court approval. You may need to find replacement counsel or proceed pro se.
Where to complain: If your attorney violates these obligations, you can file a complaint with your state bar association's disciplinary authority. You can also raise concerns with the U.S. Trustee's office, which oversees the bankruptcy system.
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