Human beings are complex bio-mechanisms wonderfully made, but not without flaws, “after all, we are just human.” Lawyers are human too.
According to a news article posted on the Orlando Sentinel website on May 18, 2011, a lawyer practicing law with Kaufman, Englett, and Lynd (KEL) has recently been barred from practicing in Bankruptcy Court in the Middle District of Florida until further notice.
The US Bankruptcy Court Judge also banned the firm from his court. Attorney William J. Sanchez, the banned attorney in question, has not had any disciplinary action in the last decade, according to the Florida Bar records.
In August of last year, Sanchez “filed a Chapter 7 bankruptcy on behalf of an Orlando couple. On Nov. 18th, Sanchez filed a motion for sanctions against Andreu & Palma PL, the law firm representing one of creditors the couple owed, for an alleged violation of federal bankruptcy laws. According to the motion, Andreu & Palma garnished the couple’s bank account, despite having been notified the couple had filed bankruptcy.”
Should Sanchez be barred from practicing bankruptcy law? He failed to appear in court despite a court order to attend the hearing. “Instead Andrea G. Dwyer, another lawyer with KEL, attended the hearing. Dwyer said Sanchez did not attend the hearing because he was attending to other matters, the order stated. It’s not immediately clear what those matters were, but KEL issued a statement saying in part that the firm is working to make amends with the Court.”
So, if you are considering filing for bankruptcy protection, you may want to do research to ensure you get the best legal representation. Trust is essential in the bankruptcy process.
Bankruptcy forums are full of people seeking answers about what their bankruptcy lawyers have or have not done. Many of the comments are indignant and accusatory. Their lawyer did not perform the job they expected, despite paying up-front money for their representation. Generally there was a lack of communication between the debtor and the lawyer.
Although I am sure not all lawyers are angels, I haven’t read one case where a blogger provided any blatant wrong doing on the part of their legal representative. Most complaints involved communication errors.
Why is this information important? Don’t be afraid to ask questions; be prepared to ask the right ones. Go to bankruptcy forum sites and learn about what others have experienced in bankruptcy.
This will give you valuable information on what to ask a bankruptcy attorney when you meet for the first time. Many attorneys will consult with you the first time for free or a small fee. The purpose for the meeting is to explore whether or not you need to file for bankruptcy and whether this attorney can provide you with the best service.
Most lawyers are hard working and take their job very seriously, but they are human. They are trained to communicate best when writing the details of the law. Get contracts and agreements in writing to eliminate some of the miscommunication errors. After all, lawyers are human too.
If you need relief from the stress of debt and you live in or around the metropolitan area of San Diego, California, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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