If you are harassed by creditors on a daily basis and you feel increasingly closed, bankruptcy may be an option worth considering. However, if you panic and choose a bankruptcy attorney based simply on price or an advertisement you see on television or on the Internet, you could be up for a lot of frustration in the long run. Take a breath and make your choice wisely.
Get it in writing
Make sure you know exactly what your bankruptcy attorney will do for you before signing any type of representation agreement. If you’re going through a Chapter 7 liquidation or a Chapter 13 personal reorganization, the settlement is most likely relatively standard. However, you still need to ensure that the agreement includes services such as consultation, financial analysis, petition preparation and client review, follow-up with creditors, and representation at hearings.
There is a chance that any flat fee you may pay may not include representation in the event that a creditor disputes your filing, so make sure you know in advance what types of charges will be associated with this type of service. There is little chance of these types of events happening, but the last thing you need are surprises.
Don’t let price be your only determining factor
If you choose an attorney based solely on price, you could be making a serious mistake. Be careful if you see much lower prices than other attorneys in your area charge. This could be a sign that the representative will cut corners in your case or not even focus on this practice area. Most reputable attorneys will not discuss fees over the phone without first providing you with a comprehensive consultation that looks at all aspects of your case.
Make sure your specific needs are addressed
Sometimes a bankruptcy attorney will take a turn-and-burn approach. They are more concerned with volume than providing quality representation, so they will work as quickly as possible to resolve as many cases as possible. These types of attorneys do not take the time to meet the specific needs of a client and, in many cases, their work is suspect at best.
It can be very difficult for a non-attorney to know when they are dealing with one of these types of firms. A good way to avoid this is to call the bar association in your area and see if you can get recommendations on a trustworthy lawyer.
Whatever you do, make sure you take your time and are completely comfortable with your bankruptcy attorney. Performing a little due diligence before committing to an attorney can yield substantial benefits in the long run.