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South Dakota Attorneys in Related Practice Areas
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What to Consider When Hiring a Bankruptcy Lawyer
Those who are under economic stress prefer to file for bankruptcy and get the necessary legal protection for starting all over again. But, this process is so technical and too complicated for an ordinary person to comprehend. Though, the US Bankruptcy Code has several sections having distinct types of relief that serve different purpose having both relative merits and demerits. Consequently, in some cases, a debtor can also have less severe measures available to them that they are not aware of. When you are thinking of bankruptcy therefore it is highly recommended that you seek the services of a lawyer to assist you not only in deciding if bankruptcy is appropriate but the type of bankruptcy that provides you with the most relief. This can help you have the surety that your debts can be eradicated with maximum efficiency without having to harm your financial status and interfere with your life.
This is not always easy to decide as to who the right lawyer is for such expectation. A search on the website such as Google can be quite helpful, but it should not be the first and only attempt. Yes, using the Google search engine will yield endless results, which are blended with paid lawyer listings, which usually do not indicate the ability of a particular lawyer to solve the particular case. Likewise, you may get some information from talking to friends or family personnel who used the service of the bankruptcy attorney, but what suited them may not suit you. Each situation is unique. Here are certain guidelines that can help you knowledgeably research and compare attorneys.
Background and Experience
You should consider getting a lawyer, who has experience helping out those in a similar boat as you are in now. For instance, if you own a small business, you might need an attorney who practiced in filing under Chapter 11 Subchapter V. This is relatively a new option that can help small businesses to overcome financial pressure. Another example can be that if you are most concerned with keeping your home, the lawyer you would wish to hire must be one who understands the legal processes of keeping off foreclosure. Such lawyers may be certified in certain boards or may be members of several professional bodies. Perhaps they have been awarded honours or some other official accolade of their legal excellence.
Professional Record
Proactively, therefore, you should consider employing an attorney with no prior disciplinary conduct violations. A client may search for an attorney by entering their name, or the attorney bar identification number at the state’s bar directory. You may have to look at certain features of disciplinary action to get an idea about certain events leading up to the action. Such violations come in different level of severity. You may not wish to rule out an attorney for a very petty offense if he/she is not currently under any sanctions.
However, a record of serious violations should make the attorney a concern even if they had an excellent success rate. You do not wish to be denied the greatest possible relief by your attorney’s gross errors.
Results
Sometimes, a bankruptcy lawyer will list his or her greatest hits on the website that they maintain or a blog. Every case is very different and as much as you may want to think that you will get the same results as a previous client, this is not always the case. But when people with circumstances somewhat like yours have had successful outcomes within the past, that might be a positive sign. You might also get some idea as to the cases that an attorney does most effectively if most of his or her best performances pertain to the same category of problem.
Initial Consultation
Some of the bankruptcy lawyers will avail their service free with an intent of consulting with the new client. After supplying some facts about your case, you can make a consultation by phone or on the Internet. It keeps the client and the attorney or the legal firm to determine whether they can work together or not. It is therefore important that you should not rely on that as a factor for selecting your attorney even if you are equally impressed by his or her education and accomplishments. On the other hand, you should ensure that you look for a lawyer that you can trust and one who has a good rapport with you. You should be able to get the impression that your lawyer really cares about your case and is not just another number in their cases’ list. In an ideal world, you will want to be able to talk to several attorneys and then decide whom to hire.
Having a list of questions helps in deciding whether or not the attorney of consultation is the right lawyer. For instance, you may wish to know the expected course of action of your case and the time it is likely to take coupled with which types of debts the court can erase. It’s really hard to get the exact amount but the overall idea gives the starting point as to what you can expect. An optimistic answer may be reassuring but you should beware if an attorney promises or appears much more assured compared to any other attorney. They may be overpromising. Furthermore, you should listen to how the attorney describes their assessment. They should try to explain these reasons in a manner that is easy for a layman or person who has no knowledge of the law to understand.
Fee Structure
Another area of concern when hearing consultation is the fees. The common method used by many bankruptcy lawyers is to set a flat fee while some lawyers charge their clients an hourly fee. In other situations an attorney may provide a set upfront fee for the primary bankruptcy proceeding and then bill by the hour for other issues such as adversary proceedings which are litigation-like actions within a bankruptcy proceeding.
Depending on the type of bankruptcy that you file, there might be differences on how you pay attorney fees. Chapter 7 filers will also have to pay any flat fee available to the lawyer before the procedure commences. This is the case because in Chapter 7, all the unsecured debts are discharge and thus the debtor had no legal obligation to pay any due but unpaid legal fees when the bankruptcy case was filed. When filing Chapter 13, however, the fees may be partially paid at the onset and the rest paid through the Chapter 13 repayment schedule. Bankruptcy courts set parameters on allowable attorney fees in Chapter 13 proceedings and an attorney seldom can charge above the set fee. Given all the possible issues, you must ensure you clarify all your responsibilities before entering into a representation agreement.
Search for Lawyers in the Lawyergist Lawyer Directory
Just like our Lawyergist Lawyer Directory, this site is intended to help users in their search for the legal advice they need from the right attorney in the right city, county, or state. Begin searching for our listings of bankruptcy lawyers in your area now.