File a complaint with your state bar association, which can investigate and discipline the attorney. You may also file a complaint with the U.S. Trustee, report the firm to your state attorney general, and consult a legal malpractice attorney. Document everything -- missed deadlines, errors in filings, and lack of communication.
If you believe your bankruptcy attorney provided deficient representation, you have several avenues for recourse.
Immediate Steps
- Document everything: Save all emails, letters, voicemails, billing statements, and copies of your court filings. Note dates when you tried to contact your attorney and did not receive a response.
- Check your court docket: Review your case on PACER or through the court's electronic filing system. Look for missed deadlines, incorrect filings, or court orders that were not addressed.
- Get a copy of your file: You are entitled to your complete client file. Request it in writing.
Where to File Complaints
- State bar association: Every state has a disciplinary process for attorney misconduct. Complaints are investigated and can result in reprimand, suspension, or disbarment.
- U.S. Trustee Program: The UST monitors attorney conduct in bankruptcy cases and can seek sanctions, disgorgement of fees, or referral for discipline.
- State attorney general: Consumer protection division handles complaints about deceptive business practices.
- Federal Trade Commission: If the firm's advertising was deceptive
Legal Malpractice
If you suffered financial harm due to your attorney's negligence (lost property, dismissed case, failed to discharge debts), you may have a legal malpractice claim. Many malpractice attorneys offer free consultations and work on contingency.
Fee Disgorgement
Under 11 U.S.C. Section 329, the bankruptcy court can order an attorney to return fees if compensation was excessive. Any party in interest -- including you -- can request that the court review fees paid to your bankruptcy attorney.