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Question: when case becomes more complex after signin=
YES -- Mark saw the problem I was trying to describe. What happens when a
case just grows in complexity? And it can even be due to actions taken
after the retainer is even signed!!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
Date: Mon, Feb 1, 2010 at 4:24 PM
Subject: Re: [cdcbaa] Question: when case becomes more complex after signing
up the client...
To: cdcbaa@yahoogroups.com
As Erik Clark pointed out, a supplement fee app. is a way to get paid for
the additional work. However, you raise an interesting question about scope
of employment and/or what to do if you get in over your head in a Ch. 13.
Unfortunately, per our local rules--particularly where a RARA is used (or is
it ONLY where a RARA is used?), the attorney is responsible for everything
that happens in the case.
I've often wondered if, for example, there was a way to file a Chapter 13
case for a client and handle everything except LAM/lien strip adversaries in
front of certain downtown LA judges, but I can't quite figure out how that
would work as far as fees go and the scope of employment of the original
attorney. I think the "main" attorney would have to substitute out and have
the new attorney come in and do a fee app, and there may be disgorgement
issues for the original attorney (but perhaps only in a RARA situation).
Ideally, someone could come in as "special counsel" like we do in Ch. 11
cases and do the additional work, and it wouldn't affect the employment of
the original attorney. Has anyone tried that in a 13?
------------------------------
*From:* cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com]
*On Behalf Of *Amy Clark
*Sent:* Monday, February 01, 2010 2:33 PM
*To:* cdcbaa@yahoogroups.com
*Subject:* [cdcbaa] Question: when case becomes more complex after signing
up the client...
Hello all!
A friend has this problem currently but I have surely been there and
am seeking advice for the both of us!
What is suggested when a newer attorney, especially newer to BK, takes
on a case that seems relatively straight-forward, and then as more
information comes out (post-signing of retainer) it becomes clear that
this case is actually VERY complex and fraught with risk?
The question is not about what a bummer it may be if this happens on a
flat-fee 7 -- that is just the breaks, IMO. I am asking more for 13's
that end up requiring multiple motions, the client's business records
are in shambles, potential commingling breaks out, etc.
The problem is that work has been done and referral fees are not
allowed. Is it permissible to associate with another attorney at that
point? Or what is the best practice?
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
YES -- Mark saw the problem I was trying to describe. What happens when a case just grows in complexity? And it can even be due to actions taken after the retainer is even signed!!-- Amy Clark Kleinpeter
1489 E. Colorado Blvd. #207Pasadena, CA 91106(626) 507-8090
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