Bankruptcy can be one of the most consequential financial decisions a person will undertake. Here are 12 things to consider when hiring a bankruptcy lawyer.
Get Second Opinions, and then Thirds
Hiring a bankruptcy lawyer is a crucial decision. Careful consumers should seek a second, third, even fourth opinion to determine whether bankruptcy is the best option for them. Then, evaluate those law firms to make certain the right attorney is made, not simply the first one who calls back.
Visit Law Offices
Before hiring a bankruptcy attorney, visit the law offices from which they work. Make observations about the working conditions – do they seem to be very busy and may not have time to fully represent you? Do they take on primarily bankruptcy cases, or serve a number of sectors of law and may not be as familiar with bankruptcy rules and procedures as others?
By visiting law offices for meetings of legal advice, you may be able to determine a good fit for your situation without incurring any attorney fees.
Spend Some Time at Bankruptcy Court
It’s a lot easier to make an informed decision about your financial future when you become more familiar with it firsthand. In addition to evaluating your attorney, your evaluations should include court.
Attend live proceedings that are open to the public to better evaluate whether Chapter 7 or Chapter 13 apply to your own financial situation. While bankruptcy may be one of the most unpleasant things a person can endure financially, it may help to feel more comfortable, understand the types of bankruptcy that you may be facing even if attending such proceedings are for informational purposes only.
Don’t Just Hire the Cheapest Lawyer
Money is already a problem for people considering a bankruptcy, but consider that the implications of a successful bankruptcy outcome can last for nearly a decade if not longer, this is one area where people simply can’t skimp.
Most bankruptcy attorneys will offer a free initial consultation to assess the condition of a petitioner’s claim. Evaluate the attorney in this consultation as well as the law firm before proceeding.
Consider Reputation When Hiring Your Lawyer
Reputation matters in the legal community. An experienced bankruptcy attorney will be able to better argue your case and secure favorable terms with creditors and judgements from the judge.
Ask A Lot of Questions
There can be many questions about filing for bankruptcy. Is a Chapter 13 bankruptcy right for me? Do I qualify for Chapter 7 bankruptcy? What are the implications of either? Am I a candidate for credit counseling? Your attorney will be able to walk you through all of these questions and shouldn’t avoid answering them. Aska lot of questions and expect detailed answers.
Be Sure Your Needs Are Being Met
There are lots of questions that can arise throughout the bankruptcy process. Creditors will likely reach out to you through the process, attempting to avoid losing the full value of your account. Make sure your attorney is responsive, gives you the resources, and is present when visiting you.
Be Hands On
This is your financial life at stake so be sure to be a willing participant that is fully engaged in the process from start to finish. Be a part of the process, stay up to date with your creditors filings and know what is and is not happening. Your attorney should welcome your active involvement.
Know the Fee Expense
By the very nature of the proceedings, attorneys are concerned they may not be properly compensated by their clients. This can lead to onerous bills charged prior to the bankruptcy proceedings. Educate yourself of the fees your attorney will charge to avoid costly surprises.
Know Who is On Your Local Bankruptcy Court Council
The local bankruptcy council is a group of lawyers that specialize in bankruptcy law in a given community. By knowing who is on the local council, a filer will have access to some of the best in this section of the law, and resources to ensure they are making the right decisions.
Start Early, and Shop Around
People often avoid outcomes they do not want to occur, but preparing for the worst will help, especially in situations as serious as a bankruptcy. Starting the process early allows filers more time to choose the attorney that fits with their situation, and may help to avoid a bankruptcy altogether if solutions can be sought before it’s too late.
A Local Practice Will Know Local Bankruptcy Laws
Bankruptcy laws vary from state to state so getting local help with your personal bankruptcy is key to a successful outcome. Finding a local firm that has a strong reputation will help bankruptcy filers to ensure a more positive outcome, simply by knowing and executing local law and reducing unnecessary liability.
I found it helpful when you suggested visiting law offices to check if they have enough time to fully represent you. My uncle has been complaining about nonstop calls from credit card companies that have been causing him so much stress. He is looking into filing for bankruptcy, so I will share this with him.
Happy we could help!