Chea, Muoi - Attorney

Review: In regards to the service I paid for Chapter 7 Fee Service Contract with Att. [redacted]which is nonrefundable.I am asking for a refund of my fees due to the fact of Att. [redacted] disruptive behavior towards me in front of my three grandchildren.On 1/8/2014 I paid $200 towards a Chapter 7 Bankruptcy retainer to Att. [redacted].On 2/14/2014 went to make another payment of $100 & drop off documents.I took all documents that were requested by her.After going in now she tells me she need a different type of bank statement for 6 months,& a tax W-2 form for 2004.I stated to Att. Muoi that you told me to bring these documents listed below.She got very argumentative & told me that she did not tell me that & I misunderstood her about the documents.I told her I understood very clearly what you told me to bring & had written down.Basically she implied that I am a liar & she did not tell me that,wanting me to doubt myself for her errors.I repeated to her again exactly what she told me to bring & she got very toned in words saying forget it,we can do this another time because I asked her why she had me bring in the documents if she could not use them.Each time I was in her office I told her that I was disabled & did not file taxes because no money was taken out of my check because I receive disability payments.Then she said sign a tax form to get your taxes for 2013 & I told her when I came in you listed everything for me to bring & I brought just that.Now she's saying she need different documents.I told her why would I bring you in repeated documents every month just for you to ask me for money towards papers you're saying you can't use.She got argumentative & began talking to me as if I was a child or stupid,because I was asking her questions about the documents saying she can't use now.I told her I don't have money to waste.She was rude.I felt disrespected by her lack of professionalism & she rushed me out. 1.Tax Form 1099 for 20132.Bank statement print out for 6 months3.Insurance policy4.3 credit reportsDesired Settlement: Att. [redacted] actions did not reflect my best interests & I would like a refund of my $200 retainer.

Business

Response:

Here is what really happened. Contrary to what was stated, we only met twice. On January 8, 2014, we had a consultation. Upon retaining my services, I gave her a list of documents I needed and a questionnaire to fill-out as I do with all clients. I went over each of the documents that I needed and explained to her that I need all documents in the list including 6 months of bank statements and 1099 income form even if she does not need to file taxes. I need to disclose all sources of income for the last 3 years and I need documentation to back it up in court. A 1099 income form is the best and easiest way to disclose income and its source in court. I also explained to her that even though her husband is not filing bankruptcy with her, I need to know about all community properties because that needs to be disclosed in court too. Of course, if there are community properties for example in bank accounts or life insurance policy, I need documentation to prove values and that there are no unusual transactions. She hesitated at first but agreed. Failure to disclose assets or information can result in perjury charges, which is a fine of up to $500,000 and/or up to 5 years in prison. All those documents are necessary for me to file her petition and to support her bankruptcy case. Without documentation, I do not know how I can properly represent her in court. Some times client can mistakenly give me wrong information based on knowledge and documents can show me the mistake before I file their cases and appear in court. Also, I need to make sure that the client’s story checks out. This will prevent the court from accusing clients of perjury. Also the court might ask for documentation to support what we put down in the bankruptcy petition. If the court ask for documentation and you do not provide it to them within a short time period, your bankruptcy case will be dismissed. This is why I need all documents before filing. On February 21, 2014, she brought me some documents but not everything on the list. Some of the missing documents are 6 months of bank statements and 1099 income form for year 2012. Instead, she gave me a HALF page printout from her credit union and told me this is a bank statement for 6 months. She told me that this is what the bank gave her when she asked for bank statements for 6 months and therefore, is a bank statement for 6 months. I explained to her that this is not a bank statement because it does not show transaction history for 6 months, which should show deposits of her income and money withdrawals over the course of 6 months. She told me that she has her income direct deposit in her credit union account. I showed her an example of what a bank statement looks like and explained that there is a separate statement for each month and that it shows all deposits and withdrawals for that month. Now she is arguing with me that this is a credit union and that this HALF page printout is a bank statement for 6 months. I explained to her that I had other clients that had an account with the same credit union and they had no problem getting 6 months of bank statements and that the representative that helped her did not do her/her job or misunderstood her. I ask her to go back to the credit union and talk to a different representative or branch manager and explained that her attorney needs 6 months of bank statements. She still argued with me and said that this is a bank statement for that credit union. I explained to her that I have several hundred clients and some of those clients have an account at the same credit union and they had no trouble getting the 6 months of bank statements. I also explained that the court will require me to submit bank statements and if I do not comply, they will dismiss her case and the money she would have paid for her bankruptcy would be for nothing. She refused to listen and kept insisting that this HALF page printout is a bank statement. I tried to explain to her again and again that this is not a bank statement and showed her an example of an actual bank statement. This went on for over 15 minutes and she refused to listen to me. I told her without the bank statement I cannot file her case because the court will dismiss her case. Then, she finally revealed to me that she will not pay for bank statements (this was the sole purpose of her arguing with me about what a bank statement should look like) and that when she filed her previous bankruptcy she did not need all those documents and that she is going to find another attorney. I told her that she can print the bank statements online for free. Also, I explained to her that Bankruptcy Law changed significantly over the past decade and that the qualification and process has changed significantly. She questioned my knowledge of bankruptcy law, took her $100 and all her documents, and stormed out of my office saying that she will find another attorney. Also, during the February 21, 2014 appointment, I asked if she has a 1099 form for her CalPERS and social security income for year 2012 and if she does not, I can save her time by faxing a request to the IRS. All she has to do is sign form 4506-T and the IRS will mail me her 1099 form and her last tax return filed to my office. Please note that she gave me inconsistent stories of when she last filed her taxes. At the consultation, she said it was 2006 and at this appointment she said it was 2004. Again, she argued with me that she should not have to provide me a 1099 form for her CalPERS and social security income because she has not worked in 2012. I told her that I understand that she did not work in 2012 and did not receive any wages but I still need to know ALL sources of her income and I need documentation to support it for the last 3 years. Again, she argued with me for at least 10 minutes repeating that she did not work and should not have to provide documentation of ANY income for the last 3 years before signing the IRS form 4506-T. If she really qualifies for bankruptcy, I’m not sure why she is making all this fuss over basic documentations. When clients fuss over documentation, I wonder if they are hiding something from me. I was never rude to her or mistreated her. She was rude to me. I don’t like her tone and the manner in which she talked to me, questioning my knowledge and qualification. She basically said I don’t know bankruptcy law. She said she wanted another attorney and left my Office. She only paid $200, which is a retainer and is non-refundable for the time I spent on her case. I worked with several hundred clients and none of them have argued with me over documents needed to properly file their bankruptcy case. I am very busy so I do not have time to review unnecessary documents, which all my other clients understand.

Consumer

Response:

I am rejecting this response because:

First of all, I made it very clear to Attorney [redacted] that I had filed Chapter 7 Bankruptcy before and I know the fines and penalties of falsified information, which is why it's absurd that she claims I may be withholding information. She's making these claims in defense of her mishandling of my case and her professional misconduct. Furthermore, I brought all of the documents she requested on the second visit but she disregarded all of the documents I brought. She now said she needed them in a different form, thus recanting on what she had previously said. [redacted] would then say that you can bring documents in at a later date. However, whenever we spoke her primary concern was always a payment. I suspect this was a ploy she used to exploit me for as much money as possible. She attempted to do so before she even started my case. She initially agreed that I could make monthly payments yet whenever she called, she would ask for a payment despite the fact that these instances were all within the same month. Additionally, Attorney [redacted] claims I was rude and that my tone and manner was insulting but in reality, my conduct was quite the contrary. Her allegation must be a figment of her imagination because as I recall, SHE was the one with poor conduct. Moreover, I never attempted to question her knowledge and I did not argue with her. Rather, I asked her questions in regards to the bankruptcy and for some reason, she grew defensive and I witnessed a change in her character which she had not displayed before. I cannot speak on behalf of the several hundred other clients she claims to have but at my credit union, the documents I was given from the credit union is what I presented her with. These documents are free of charge so I am not sure why Attorney [redacted] alleges I refused to comply with her requests because of potential bank fees. The conversation about the bank statements was brief and in the session, we did not solely discuss bank statements. We also discussed payments for [redacted]my vehicles, the class for bankruptcy, and the final filing date among other things. THIS conversation is what had lasted for twenty minutes, not the fifteen minutes she is incorrectly reporting. I never claimed to seek another attorney and I did listen to what she say but as she became hostile, I did not feel comfortable. However, I did not storm out; I walked out quietly with my three grandchildren and she told me to contact her when I wanted to come in for my next session. However, I had already made up my mind that her services would no longer be needed. Though she claims I refused to listen to her, it is she who was not listening to me because of her incorrect statement about when I lasted filed my taxes. If Attorney [redacted] cannot be honest about a simple bankruptcy case, I doubt she will prove successful in larger legal matters.