Once you have decided to file a bankruptcy and you want to hire an attorney to handle it, you face another decision-which attorney should you choose? The Yellow Pages are filled with the names of lawyers seeking your business. As in any profession, there's a lot of good and bad out there. And it is important you don't get stuck with the bad. Here are some tips to help you find the right person.
1. Find an Attorney with a Lot of Experience in This Field
It's not enough just to hire a lawyer. You should select one who does a lot of bankruptcy filings. Bankruptcy is not brain surgery, but it is a very specific area of the law. You don't want a lawyer who just picks up a bankruptcy case now and then. The days of the lawyer who hangs out a shingle and takes any case that walks in the door are largely over. The law has simply become too complicated, and it changes all the time.
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No lawyer, no matter how talented or dedicated, can keep up with more than two or three areas at the same time. This is not to say that you can't decide to hire a large firm that has a general practice. But the particular lawyer assigned to your case should be someone who does mostly bankruptcy cases.
You only have one bankruptcy to file. You need an attorney who knows more about filing bankruptcies than about drafting wills or suing a dry cleaner. Besides familiarity with the subject matter, your lawyer should be a familiar face in the jurisdiction where your case will be filed. If all goes well, you won't have to see a judge, but your attorney ought to be someone who knows the territory. Local knowledge is important, because some trustees are pickier than others. Your attorney should know what to expect, so that you will be completely prepared.
We are all supposed to be equal under the law, but the law is administered by people. And people have human relationships, not abstract ones. Trustees who see a lawyer often and respect his or her credibility may look less critically at a debtor represented by that lawyer. A lawyer's reputation, for better or for worse, accompanies the client through the process.
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