Creditor's lawyer is what? Lazy? Clueless?

[anabanana]

What is the name of your state? FL

Suppose the last time you met with your lawyer six and a half weeks ago you provided names and addresses of all the relevant parties for the witness list and the discovery, etc. etc.

Would it be odd, for the lawyer to then suggest --seven days before the trial, three days before depositions--that you, the creditor, get on the phone to various institutions around the country and start requesting documentation be "faxed over" for discovery...?

Maybe it normally IS the client's job to write those letters and make those calls and try to produce that stuff just a few days before trial, but I don't remember it that way. And I don't have any authority to subpoena anything, and even if I could get somebody to "fax over" old bank and government records, these wouldn't be admissable at trial anyway, would they? Faxes?

I am just sick to my stomach over this... I went nearly a year in this case on my own, finally got the cash together to hire a lawyer, and now this. What was the point? The plan hasn't even been confirmed still!!! It's all BS and the trustee and the judge both know it, and so does everyone else, and the debtor's attorney even quit!!!

I don't think this lawyer I hired has thought about this case once, and we're going to trial next week on an adversary proceeding!! Is this guy going to just let my case dissolve?...Should I have kept doing it on my own? Jeeeezus ... where in hell can I get a little help? I can't fire him or I'll look like some malcontent freak...

So, nu?? Any input couldn't possibly be a bigger kick in the head than this little revelation...

 

[Ladynred]

As far as I know, its the LAWYER's job to get the documents for discovery !! He is, after all, an 'officer of the court'. I'd say lazy is more like it.. wants you to do his job for him because he hasn't !

 

[anabanana]

Ah...the ever reliable Ladynred. Thanks, Diva.

I just don't know what to do at this point. The depos are on Friday. I have no idea what the other atty (debtor hired another atty...remarkably found the $5,000 for that, somehow) might hit me with in terms of questions. We have no documents... he hasn't done anything at all, doesn't even remember the particulars of the case, what we were trying to accomplish, anything. I went onto Pacer and found a kind of bizarre order, extending the debtor's time to produce discovery to a date 10 days beyond the trial date. I don't know what to infer from that.

I suppose I could cut this guy loose and try to find someone else, but bankruptcy is such a close little club, that I think it would be a bad idea. I would immediately be seen as some kind of problem client. I just don't understand his behavior. He was never rude to me before, and he seemed to have some kind of plan, though he wasn't sending me copies of filings or anything. I had no idea the debtor had hired another atty until I went onto Pacer myself.

Anyone have any ideas about what I should do here? Is there anything I ought to prepare myself for for the depo on Friday? I just feel like I'm going to come unglued. I guess I'm talking to you, Lady, the esqs never answer me anymore. LOL! Even the paid one! Just shoot me...