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Choosing a Bankruptcy Attorney


Personal Finance


Your bankruptcy lawyer can make or break your case, so choose him wisely. Do not settle for inferior legal services just because you don’t think you can afford good representation. With some know-how and a lot of determination, you should be able to find a good bankruptcy lawyer to help you through your rough patch. Here are some tips:

Do not be afraid to ask questions. Good bankruptcy lawyers are ready to answer questions you might have about legal proceedings, fees, and even his experience. Be upfront and ask him how many years of experience he has behind him. Ask him how many bankruptcy cases he handles monthly – if he handles too many, that might be a sign that may mean he won’t have much time to spend on your case, and if he handles fewer than expected, it could mean that he is not a very good lawyer. Also ask how much access you will have to him before, during, and after the bankruptcy case. Also clearly set the time frame for the case, the fees, etc. Determine exactly what is already included in your bankruptcy lawyer’s fees, and make sure you both understand what services are not yet included. If your case needs a forensic accountant, for example, will related expenses already be covered by your lawyer’s fee, or are you expected to make additional payment?

Ask friends, family, and other legal professionals. The best advice usually comes from people you know. Ask around for referrals from friends and family who may have had experience with bankruptcy lawyers before. Better yet, ask people you know in the legal profession to point you to good lawyers or firms.

Go to the specialist. Your personal lawyer may have your complete trust, but let’s face it – bankruptcy is a specialized field, and if your personal lawyer is not an expert in it, he may not be able to represent you as effectively as a real bankruptcy lawyer could. Sometimes, the objective and unbiased diagnosis of a bankruptcy lawyer you do not know can help further the case to your favor.

Research, research, research. Want to know who the best bankruptcy lawyers in your locality are? They are usually the ones who sit in the bankruptcy court panels. You will meet well-respected attorneys in these panels – lawyers who do not only frequently appear in bankruptcy courts, but also frequently win cases. You should also get the contact details of lawyers in the court’s debtor or creditor committees.

Cheaper is not (always) better. The fact that you are filing for bankruptcy must mean that you do not have a big budget for an attorney, but keep in mind that there are a lot of ways to still get the best representation at a reasonable cost. Do the math – you get what you pay for, and a cheap lawyer might cost you more in the long run. Ask free advisers in your local bar association what a reasonable fee is. Do not hire lawyers who charge way above or way below the local standards. You will probably lose either way.

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