How to select bankruptcy attorney
Can anyone give me advice on how to select a good personal bankruptcy
lawyer? What questions to ask, etc.
Don't go to a bankruptcy mill, where some joker who couldn't hack it in a
real law practice bought some software, placed an ad, and cranks out
hundreds of petitions without ever interviewing and counseling his or her
clients. I've seen more people abused by such lawyers; it's really sad.
First, if you have any friends who are lawyers, ask them who they would
see if they had to file bankruptcy. Then, check in the 1995 Martindale
Hubbell law directory in a local law or public library for listings of
the named lawyers in your particular geographical location or locations.
See how the resumes of the lawyers named by your friends stack up with
other attorneys who list bankruptcy or debtor/creditor law as a
specialty. If favorably, you may have some good leads. You should also
check with your local or state bar association to identify who is an
officer of the association's consumer bankruptcy section. Those
attorneys are typically very competent.
Ask for a flat fee quote if possible, or at least a cap for what fees
will be assuming an uncontested bankruptcy. Fees can vary from city to
city and state to state, but you might see if your state bar association
has an economic survey you could review to see what the typical charge is
for a straight chapter 7 bankruptcy filing. Also, make sure that the
attorney you select has recently filed multiple bankruptcy petitions for
debtors. There were numerous changes in federal bankruptcy laws in 1994,
and you'll want someone who is up on the current state of the law, of
course. Another useful measuring stick by which more and more people are
judging lawyers is whether the lawyer is board certified as a bankruptcy
specialist. Some states have these designations, and others to do not.
I believe the Commercial Law League of America (CLLA, Chicago) and the
American Bankruptcy Institute (ABI, Washington, DC) also certify
specialists. Lists of these specialists can probably be obtained at your
local law or public library. Or, you can probably get info from the
above organizations directly by phone