New York Discharge Attorney

State:
New York
Control #:
NY-QNS-98
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Description

Discharge Attorney

New York Discharge Attorney are attorneys who specialize in helping individuals in New York State obtain a discharge of debt through the bankruptcy process. They provide legal advice and guidance to individuals facing overwhelming debt, helping them to determine the best course of action for their situation. Specific types of New York Discharge Attorney include Chapter 7, Chapter 11, Chapter 13, and Adversary Proceeding attorneys. These attorneys work with individuals to review their situation and help them file for bankruptcy or negotiate with creditors on their behalf. They provide legal advice and representation throughout the entire process, from filing the initial paperwork to representing clients in court.

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FAQ

The quick answer is yes; an attorney can refuse to defend someone. Although attorneys have the right to decline to defend a client, they rarely do so based on whether or not the client is guilty of the crime. Because they will advocate on your behalf, the attorney you hire should be someone you get along well with.

There are two ways to terminate an attorney-client relationship: 1) as a matter of law; and 2) as a matter of fact. Termination as a matter of law means that the occurrence of a certain event terminates the relationship, regardless of the parties' intent or the observance of formalities.

Temporary Practice (?Fly-in Fly-out?) In certain limited circumstances, New York rules allow the temporary practice of law in New York by out-of-state and foreign attorneys.

Write a Termination Letter A termination letter must be written by a client to officially fire an attorney. The letter must include the following: A brief explanation of the grounds for a breakup. There is no need for excessive details or rudeness.

Courts have held that ?generally, there are three primary reasons allowing withdrawal of an attorney from a case: failure of a party to remain in contact with counsel; deterioration of the attorney/client relationship; or nonpayment of legal fees.? (Countryman v. Watertown Hous. Auth., 13 Misc. 3d 632, 633 2006.)

Prior to taking any action, a lawyer should explain his reasons for withdrawing. This explanation should be objective, concise and clearly understandable rather than confrontational. If the reason is based on client conduct, the client should be afforded a reasonable opportunity to take corrective action.

What is Discharge by Client? The client has a right to dismiss the attorney. In such event, the attorney should take all reasonable measures to protect the transition over to the new lawyer or to the client.

A discharge is the extinguishment or release of a legal obligation or duty. For example, a discharge of the payment of a debt means you are no longer legally obligated to pay the debt.

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New York Discharge Attorney