CHOOSING A BANKRUPTCY ATTORNEY
Financial problems and overwhelming debt burdens can be the cause
of much stress and anxiety for consumers. Choosing a bankruptcy
attorney to assist you with the resolution of your debt issues should
not add to that stress. The CSRA has many experienced bankruptcy
attorneys, who have practiced in the consumer area for many years.
Our firm would like to offer some guidance as to how you can choose
a bankruptcy attorney to assist you with your particular problem.
- FINDING AN ATTORNEY
- REFERRALS BY OTHER ATTORNEYS
- REFERRALS BY PAST OR PRESENT CLIENTS
- MEETING THE ATTORNEY
- QUESTIONS FOR THE ATTORNEY
Many attorneys choose to practice in a particular field of law.
Fortunately, the yellow pages in the phone book provide sub-headings
for attorneys in particular areas of law. There is a specific sub-heading
for bankruptcy attorneys in the yellow pages, to assist you with
your search. However, the yellow pages should only be the starting
point for you in trying to decide on an attorney.
An attorney who you may have dealt with on another legal matter,
such as real estate or personal injury, would probably be more than
happy to recommend a good bankruptcy attorney. Furthermore, attorneys
may have more information about the reputation and experience of
a particular attorney.
REFERRALS BY PAST OR
PRESENT CLIENTS
The duty of confidentiality prohibits an attorney from disclosing
information about current or past clients, without permission. However,
many clients are referred to a bankruptcy attorney by family members,
friends or co-workers who are willing to share such information.
Such referrals should be seriously considered, because it will give
you an idea of the relationship that the attorney has with his or
her clients.
Most bankruptcy attorneys offer a free consultation. This is an
opportunity for the attorney to learn about your financial situation,
and suggest possible solutions. It is also an opportunity for the
client to evaluate the attorney and his or her staff, and get a
feel for how they and their case will be treated. Factors to consider
at your meeting should be as follows:
• Does the law firm staff appear to be courteous and considerate
of current and potential clients?
• Do the staff and attorneys seem to work well together?
• Does the office appear to be hectic and disorganized? Or
efficient and organized?
• Is the attorney or firm representative on time?
• Does the attorney offer you a feeling of competence and
assurance?
• Do you feel that your bankruptcy options have been adequately
explained?
• Has the handling of your case from beginning to end been
adequately explained?
• Were attorney fees discussed, and payment arrangements made
clear?
• Did you feel rushed, or that not enough time was spent discussing
your problem?
• Did you understand your responsibilities as a potential
client by the end of the meeting?
Making such observations should give you a good idea of what type
of relationship to expect with your attorney during the course of
your bankruptcy representation.
Your bankruptcy consultation is also an opportunity for you to
find what experience and expertise that the firm offers in the area
of bankruptcy. No attorney should be hesitant to answer basic questions
about their education, experience and length of practice. They should
be more than happy to provide you with any information to make you
comfortable with the attorney-client relationship.
Some questions to ask would be the following:
• How long have you been admitted to practice law?
• In what state or states are you licensed to practice?
• How much of your practice is devoted to bankruptcy?
• How many years have you practiced in the Bankruptcy Court?
• Approximately how many cases have you handled over your
career?
• How long have you practiced in the local area?
• What should I expect from your representation?
• How much time do you spend in court?
• Who will accompany me to court when I have to attend?
• Will there be staff members available to answer my questions
if you are unavailable?
Further information about an attorney or law firm, such as disciplinary
record information, may be obtained from the state bar of the state
in which that attorney is licensed to practice. Additionally, the
clerk’s office for the United States District Court in the
district in which you live should be able to tell you whether or
not the attorney is admitted to practice in that particular Bankruptcy
Court.
The main consideration in choosing an attorney should be finding
an attorney who makes you feel comfortable and confident about the
representation. There is no requirement that you must hire an attorney
simply because you have chosen them for a consultation, and you
may feel that it is necessary to meet with other attorneys until
you find one who you feel is best suitable for your personality
and case.