Choosing a Bankruptcy Lawyer
Bankruptcy is an extremely complex and specialized area of law. This is why it is essential that you choose an attorney who is thoroughly familiar with all aspects of Chapter 7 and Chapter 13 bankruptcy. And, since bankruptcy statutes vary throughout the 50 United States and even among bankruptcy districts within states, it is vital that you choose a law firm that has lawyers who are familiar with these different laws.
Retaining a lawyer who is thoroughly versed in bankruptcy law will help you avoid the many hazards that can be associated with filing your own personal Chapter 7 or 13 bankruptcy case. Without the right attorney, your bankruptcy may be significantly delayed or dismissed — either of these circumstances will almost certainly put your assets at further risk.
You should definitely not entrust your personal bankruptcy to your neighbor or brother-in-law; while he or she may be an excellent lawyer, unless they specialize in bankruptcy, it could be very deleterious to your case to hire them. Be sure to retain a lawyer who specializes in bankruptcy; it could very well be the difference between the success and failure of your bankruptcy.
The bankruptcy attorney that you hire should have the necessary experience to handle your individual bankruptcy case. In the case of a relatively straightforward Chapter 7 bankruptcy, it may be possible to retain an attorney who demonstrates enough expertise without the higher cost of a lawyer with more years of experience, which would be required to handle a complex Chapter 13 reorganization bankruptcy. The cost differential could be significant without any loss of competency.
Since most people who are contemplating filing Chapter 7 or Chapter 13 bankruptcy are already having financial difficulties, hiring the right attorney at the right price is essential. It is usually a smart idea to talk to several attorneys and carefully weigh their experience and fees. Most lawyers will not file your bankruptcy case until all fees are paid in full. However, many law firms will work out a payment plan for their retainer fees.
Another issue to consider when hiring your bankruptcy attorney is the importance of communication. Since bankruptcy filing requires a lot of paperwork and continuing contact, it is paramount that you select an attorney with whom you are comfortable and who returns your calls or e-mails in a timely fashion. It will be very frustrating and problematic if your attorney evades your phone calls as your personal bankruptcy case progresses.
How to find the bankruptcy attorney who is right for your particular case:
- Ask your family lawyer for the names of trusted bankruptcy lawyers. This is probably your best referral choice.
- Get recommendations from reliable family members, friends and colleagues. These people can be a valuable source of the name of an excellent bankruptcy attorney.
- If you have an employer-sponsored legal plan, this could be an invaluable source for a bankruptcy attorney referral.
- Call your state, county or municipal bar association for the names of several attorneys in your area who have the experience needed for your bankruptcy case. However, it is crucial that you check all credentials as these associations do not necessarily screen lawyers for competency.