Ask a Lawyer: Jim Sokolove takes reader questions

Dear Jim – A friend of mine was hurt on the job and got an attorney. He keeps trying to call to get info on the case, but he keeps getting the runaround. Can he switch lawyers?

–Frustrated in Framingham

Dear Frustrated in Framingham – Despite what comedians say, changing lawyers is not like moving to a different deck chair on the Titanic. It can be done. 

First and foremost, I hope your friend is feeling better. Getting hurt on the job is never good, especially if he’s “getting the runaround” on top of it.

Dialogue is central to the attorney-client relationship. I would suggest your friend contact his attorney again and leave a clear message, providing a reasonable deadline for the attorney to call him back. In doing so, he alerts the lawyer to his needs and provides time to properly address his case. If silence persists, I see two alternatives. First, he can enlist the services of the Attorney Consumer Assistance Program (ACAP). This would be my recommendation, as ACAP is a proven consumer resource for those with questions about Massachusetts lawyers. A second option is to seek legal counsel from another attorney on how best to proceed.

To get more information on the ACAP, call (617) 728-8750.

Dear Jim – I lost my job, I’m way behind on my bills, and I’m constantly being bombarded by creditors. I’m totally broke. I want to declare bankruptcy, but my sister heard it costs $1,300 to file. What sense does that make? I can’t afford that!

–Broke in Brockton

Dear Broke in Brockton – You are not alone. Many are feeling the pain of the recession, as the cost of living is increasing and jobs are scarce. But, like all economic cycles, this too shall pass.

To answer your question, it does cost to file for bankruptcy. Most filing fees are closer to $300 than $1,300. But, it should also be noted that if an attorney is involved in the process, attorney fees are usually added on top of this and can vary. To help mitigate filing costs, some applicants are eligible for fee waivers or installment plans.

My best recommendation would be to seek the legal counsel with experience in bankruptcy issues. Filing for bankruptcy is not for the faint of heart. It’s a drastic step to shield you from creditors. Before going down this path, I’d encourage you and everyone in a similar position to explore non bankruptcy alternatives first. If you aren’t able to seek counsel, try creating a budget to better understand if avoiding bankruptcy is possible or follow-up with creditors to discuss possible renegotiation of your terms.

For more information on costs, forms, etc., visit the U.S. Bankruptcy Court’s website.

Have a question about lawyers or the law? Ever have a query that only a lawyer could answer? Attorney Jim Sokolove tells our readers everything they ever wanted to know about the law but were afraid to ask. To ask Jim a question, email julia.reischel@lawyersweekly.com.