As the number of U.S. bankruptcy filings continue to surge, the demand for good, qualified bankruptcy lawyers has kept apace. But as a number of unscrupulous individuals rush to capitalize on this trend, being able to find a good bankruptcy lawyer can be a challenge Here are a few tips for selecting the right bankruptcy attorney, including a description of what a bankruptcy lawyer does, what to look for, and what should be avoided.
What Does a Bankruptcy Lawyer Do?
Before beginning the search for a bankruptcy attorney, it is important to understand what such a legal professional does. Some of a bankruptcy lawyer's responsibilities include:
- The lawyer will work with the client to determine if filing for bankruptcy is the best option and which chapter (Chapter 7 or 13) is the most appropriate.
- A bankruptcy lawyer will ensure that the case is conducted in accordance with state and federal laws. He/she will also make sure that all paperwork is completed properly and filed in a timely manner.
- A bankruptcy lawyer will accompany the client to creditor meetings.
- Finally, a bankruptcy lawyer will represent the client in bankruptcy court.
What Should One Look For in a Bankruptcy Lawyer?
There are several key qualities that one should consider when searching for an attorney that specializes in bankruptcy cases:
- Certification: In addition to being admitted to the State Bar, one should look for attorneys who are certified by the American Bankruptcy Institute or who are members of the National Association of Consumer Bankruptcy Attorneys (NACBA). This will help to ensure that the legal professional one chooses is current with any changes to the bankruptcy law.
- Experience: One should look for attorneys who have experience working with consumer bankruptcy cases.
- Workload: While one should definitely consider attorneys who have experience handling bankruptcy cases, one should be careful not to hire someone who is overworked. Due to the flood of bankruptcy filings, there is a good chance that many bankruptcy lawyers will be inundated with work. This means that he/she may have less time to devote to the details of each particular case.
- Law Firm: In many cases, a bankruptcy lawyer will assign experienced paralegals and other staff members to work on some of the details involved in a case. Therefore, is important for one to consider the lawyer's law firm itself for its professionalism and dedication to bankruptcy law.
How to Effectively Locate a Bankruptcy Attorney
Even when a client knows what to look for in a bankruptcy attorney, being able to locate a competent professional may be a bit challenging. Here are the most effective strategies for finding a good bankruptcy lawyer:
- Ask for referrals among legal professionals. Though one might be tempted to ask friends or family for recommendations, since bankruptcy law is a specialized field, it is better to ask those involved in a legal profession.
- Make sure to check the local or state bar associations such as the ones listed above as well as specialization and certification programs for bankruptcy lawyers in the community. One can also get a listing of bankruptcy lawyers from the local legal aid society.
- Check out the lawyer's firm for professionalism, atmosphere, and dedication to bankruptcy law.
- Contact the local bankruptcy trustees in the area and inquire which attorneys appear most frequently.
Questions to Ask a Potential Bankruptcy Lawyer
Once one has located a potential candidate, it is important to conduct an interview with the person to make sure that the fit is right. Here are a few questions to ask a bankruptcy lawyer:
- What is the lawyer's monthly workload?
- What kinds of bankruptcy cases has the lawyer been involved in?
- What will be the attorney's actual involvement in the case? How reachable is he/she and who else will work on the case?
- What is the fee structure? What is included in the lawyer's fees and what is not?
- What is the expected time frame for conducting this particular bankruptcy case?
What Should One Avoid When Searching for a Bankruptcy Lawyer?
Here are a few things to avoid when looking for a bankruptcy attorney:
- Avoid relying solely on a online search. If one does conduct an online search then one should at least research the names that come up.
- Do not try to just locate the cheapest lawyer. Such a person may lack necessary experience, knowledge, and time to devote to the case which can have detrimental consequences.
- Do not leave all the work for the lawyer. Be sure to stay involved with the process. This will help to ensure that the lawyer's attention and efforts are kept focused on the case.
In short, finding a good bankruptcy attorney may take a little work, but it is well worth the investment.
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