ComplaintsforThe Cohen Law Firm, P.A.

• Initial Complaint

  05/04/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  This company owes me over $2300 for a bankruptcy. I started to file a few years ago and never completed it, All I did was pay. When I asked for my money back, they sent me a check for a little over $500. I asked why would they keep so much of my money and their reply was for all the work they put into my case. To this day, I have never completed an application in which they would need to file something with, nor have I given them supporting documentation to file a bankruptcy. So how are you taking money out for something that you say youve worked on, but you have no application from me to file a bankruptcy with. I never processed the check they sent to me because I was calling and emailing them trying to get a better resolution and I couldn't. The check with the refund is long past due and cannot be cashed. I called to ask them can you please just process my bankruptcy, offer cover it to a friend since it's paid and I got no response. When I asked them for a new check I got no response. I called repeatedly and have corresponding logs, emails back and forth with their representatives dodging me and lying to me about who's not here, who I need to speak to but have never gotten in touch with anyone. I took them to court, and they redirected my court filings to a different county. They have been doing everything imaginable to avoid me and avoid being accountable to me as a client that paid them for a service that they never processed or completed and have not given me a refund. Im going to contact, the State ************************ the **************** and every place that I can call to make them aware of what happened to me. This is injustice and its a shame that they are an attorney office who should be Fighting for the people but instead are taking advantage of us. I want my money back. I cannot sure back comfortably knowing they did this to me and got away with it. How many others could need in the same boat, so I'm digging back whick is my right to. Please help

  

  Business response

  06/25/2023

  I would like to take this opportunity to fully address ***************************** letter and the issues presented. I met with ************** in our ********** office 7 years ago, on May 13, 2016, at which time he retained our firm to represent him in relation to his creditors with a $50.00 initial retainer payment. ************** presented that he owed approximately $70,000.00 in total debt. The entire attorneys fee for our representation of ************** came to a total of $1,500.00; it would be one entire year before ************** had paid the full attorneys fee.
  
  Because of the dire situation surrounding his debt, our office immediately began working on his case. As indicated in the Retainer Agreement entered into by **************, our representation of him included: [a]nalysis of the ******* financial situation and advice regarding the filing of bankruptcy; handling all communications with creditors on ******* behalf, including all necessary notifications and verifications of ******* status in bankruptcy; and acceptance of and response to all creditor correspondence. All of these services were continuously provided to ************** for the MORE THAN TWO AND ONE-HALF YEARS our representation of him remained in effect.
  
  In regard to his many creditors, our office provided ************** with a Letter of Representation from our firm to be sent out to his creditors, indicating that, from that point forward, we were now his legal counsel and that all communications from his creditors be directed to The Cohen Law Firm. As his lawyers, our office accepted all communications from **************** creditors for the entire duration of our representation of **************, up through and until December 14, 2018, at which time our representation of ************** came to a conclusion, at his request. At that time **************** unused court filing fee and costs were promptly returned to him.
  
  It should also be noted that, as contained in the duly executed Retainer Agreement entered into by ************** with our firm, were all the following provisions: It is also expressly understood and agreed to by Client that all attorney fees paid under this representation agreement are deemed earned when paid and shall be entirely non-refundable; In the event of such termination, it is expressly understood and agreed to by Client that all attorney fees paid under this representation agreement shall be deemed earned when paid and shall be entirely non-refundable. __________ (this line was provided and initialed by ************** to indicate his consent); Upon termination of this Agreement by either party the Attorney shall be paid his fee earned, and all attorney fees paid pursuant to this Agreement shall be deemed to have been earned when paid and shall be entirely non-refundable; I/We understand, agree and accept that all attorney fees paid pursuant to this Agreement shall be deemed earned when paid and shall be entirely non-refundable, and that all representation under this Agreement may be terminated by and at the sole discretion of Attorney. __________ (this line was again provided and initialed by ************** indicating his consent).
  
  It is unfortunate that **************, more than 7 years after having retained our firm for representation of him for a sum total of $1,500.00 is to this date still unwilling to understand or appreciate the nature of what hiring an attorney to perform legal work on behalf of a client actually consists of. Payment to an attorney of his legal fees, just as payment to any other professional, such as for the services provided by a physician (as for example, an examination and diagnosis of the patients physical condition) is not done on a layaway basis, nor is it held on account as in a bank. ************** appeared, for the the entire duration of our relationship with him, to have understood that. It is unfortunate that these many years later ************** sees fit to write to your organization regarding this. Nonetheless, I still do wish ************** the best in his future endeavors.
  

• Initial Complaint

  05/03/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I hired this attorney to because I experienced a financial hardship and needed to protect my vehicle. After paying the lawyer upfront I was told that my monthly payment would be due the third of the month then the woman from his office called and stated it would be the 25th of the month. On March 25th a payment was made to the attorney to pay to the us trustee a week later I receive a call from a woman in the office stating I have to have another payment in on Monday which was in two days I explained that wasn't my due date requested a call from the attorney and she hung up on me. I emailed ******* called the office and nobody ever called back. My case was dismissed the lawyer never communicated that with me nor did the office my car in turn was repossessed I called the attorney still no response no info call a few days later and I'm told to call the trustee to obtain a refund of my ****** that was not distributed to creditors. Today I speak with trustee and apparently the attorney has requested to take my money which was disbursed to him today and it is my money that he is not entitled to, I want my ******

  

  Business response

  06/04/2022

  ****************** had a free initial phone consultation with me on February 2, 2022 at 5:30pm. The following morning, on February 3, 2022, ****************** signed a retainer agreement hiring The Cohen Law Firm to prepare and file a Chapter 13 bankruptcy case for her. Due to her exigent circumstances she was months behind in her car payments and was at great risk of repossession of her automobile we filed her Chapter 13 bankruptcy petition that same day as an emergency petition, case number 22-10901-PDF. This was a petition-only filing, with the full balance of bankruptcy schedules and Chapter 13 bankruptcy plan due two weeks later in order to quickly obtain the automatic stay under bankruptcy law and protect her car from being repossessed.
  
  
  On February 10, 2022, I filed a motion to extend the automatic stay in Ms. ******** case. This was necessary because ****************** had had another bankruptcy case dismissed within the one year preceding the current filing (which was not filed by my firm) and therefore the automatic stay would expire after the initial 30 days unless extended by order of the bankruptcy court. Additionally, since ****************** was resistant in providing the required documents to my office to allow for her balance of schedules and plan to be prepared and filed within the initially allowed 2-week period, we had to file a request for an extension of time to permit us more time to receive and then prepare the above referenced documents, all of which was eventually completed.
  
  
  Two of Ms. ******** objecting creditors appeared at the phone hearing on our motion to extend the automatic stay. These were attorneys representing both her automobile finance company and her landlord, to whom she was also several months behind in payments. They each objected, and I had to contend with both of their raised objections during this hearing. I was successful and the judge denied both creditors objections, ruling in Ms. ******** favor and granting the extension of the automatic stay in her case.
  
  
  Furthermore, at Ms. ******** initial meeting of creditors (section 341 meeting), once again both creditors attorneys made appearances, this time objecting to the confirmation of Ms. ******** plan. The trustees attorney, who was conducting the 341 meeting, offered to continue the hearing. Other pleadings filed in Ms. ******** case included our motion to reduce the interest rate on Ms. ******** automobile, a motion for relief from the automatic stay filed by her landlords attorney, as well as a formal objection to the confirmation of Ms. ******** Chapter 13 plan and case filed by the automobile finance companys attorney. An associate attorney with my firm had been in protracted negotiations with the attorney for the automobile finance company on their raised objection.
  
  
  On April 12, 2022, the Chapter **************************************** ******** case for failure to remain current in her payments under her Chapter 13 plan. By the date of the dismissal of her case on April 13, 2022, ****************** had only made a single payment under her plan in the amount of $573.00. The rules under Chapter 13 allow for vesting of all payments received by the trustee during the pendency of the case. Therefore, if a case is dismissed prior to the courts confirmation, all monies paid to the trustee are to be distributed to vested parties, including administrative parties such as the debtors attorney. Following the dismissal of the case and the trustees accounting, my firm received a total of $547.22. Based on the foregoing summary of just some of the work which was done in Ms. ******** Chapter 13 case, those fees were clearly earned. I wish the best to ****************** and I earnestly hope that things work out for her.

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