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Free consultation pre-questionairre asking for bank account numbers and ss numbers?

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    Free consultation pre-questionairre asking for bank account numbers and ss numbers?

    We're going for another consultation tomorrow (this is number two) and maybe a few more before we decide on an attorney. I just got around to filling out their pre-consultation questionairre which they use to speed along the process. Instead of just asking for bank account balances they ask for the actual numbers This would be less troubling if they weren't also asking for our social security numbers in the same packet. The last consultation we had was very informal (it was also a solo practice) and we just talked amounts, etc... Am I being too paranoid here? I mean, I could see providing the numbers after we've retained them (since there would be legal recourse if that information got out), but for all we know right now we could leave these documents with them, not retain them, and never see them again.

    #2
    You would have legal recourse if an attorney disclosed confidential information he receives during a consultation, even if you never retain him. I'm sure this is true in all states as ethics rules are very similar from state-to-state and are usually based on the American Bar Association's model rules. In New Jersey, confidentiallity with respect to prospective clients it is covered by Rule of Professional Conduct 1.18

    If that doesn't make you comfortable giving him the information, just fill out the form with each creditor's name and leave account numbers and/or SSNs blank. Keep a copy so you that if you retain him you can add that information to your copy and send it to him.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      When we had our first consult it was with a big bk mill type agency where you only meet with a paralegal. They had an extensive questionaire online to fill our before the consult. Asked for accounts and account numbers, cc numbers, SS #'s etc, we provided only what we were comfortable with which was basically the creditors and estimated balances on those accounts. We DID NOT provide them with our SS #s or actual account numbers for any of the info we provided. We did not like this particular firm or the way they handled things and did not go with them. They had enough info to provide us with information regarding our situation so we were comfortable with that. Good Luck!

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        #4
        I can't think of any legitimate reason why a bankruptcy attorney would need to know your bank account numbers until and unless they are retained, and they are preparing your bankruptcy petition. For purposes of the initial consultation, the only thing they should ask for is a list of your debts and assets with their estimated balances and/or valuations. I went to 3 law firms for bankruptcy consultation, and none of them asked for bank account numbers--only a rough estimate of the balances.

        The law firms I went to asked me to obtain and bring printouts of all 3 of my credit reports, however I suspect that some attorneys would want to pull the (prospective) client's credit themself, hence asking for a SSN and DOB.

        But no way on Earth would I have divulged bank account numbers--or even the name of the bank(s) I use--until and unless I was retaining the attorney and planning to file.

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          #5
          As an attny, the initial intake sheet I use asks for:

          Name
          Address
          Phone number
          How long you resided in this state
          Do you own real property, if so, what county
          Have you filed bk before, if so, when and what happened to the case
          How much do you earn on a monthly basis

          And a few other basic questions.

          Never would I ask for account numbers and certainly not a SS # at the initial interview - simply none of my business and not relevant to what my job is at that point in the process.

          Des.

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            #6
            I went to a consultation a few weeks ago. I left my SSN blank, but was asked by the receptionist to provide it. She explained that it was to see if I'd filed for BK recently, so I grudgingly provided it.
            Filed Chapter 7: March 19, 2012
            Discharged! June 28, 2012
            Closed! August 8, 2012

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              #7
              For an initial consultation, the attorney or paralegal does not need your SS or account numbers....all we provided was a listing of account names and the amount we owed. All the other information was provided after our attorney was retained and we had signed paperwork in hand as his retention. Someone asking for SS numbers would scare me as it would indicate to me that maybe they are running a credit check to see if that information corresponds to what is being provided. I would not just hand out an SS number if someone asked me they needed it to see if I filed for Bk recently - all they have to do is check PACER from their office.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

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                #8
                Thanks for the information. We'll still go for the consult (sans SS/bank account #s) but we'll ask lots of questions. The advantage we have is that our case is pretty straightforward (under median, no assets, etc...)-we probably could file pro se, but if I somehow screwed up and didn't submit a correct form or dot some i or cross some t and got the case dismissed I could never forgive myself. I'd rather have someone who does this for a living everyday tackle it. We also just want someone who is familiar with our district and the trustees for a little added peace of mind.

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                  #9
                  Bank account numbers is a bit much, but asking for SSN is common and not asking too much.

                  A couple reasons lawyers, especially in BK, ask for SSN
                  1. Additional confirmation of identity. It is a consultation and you are receiving legal advice, as such, the attorney is required to keep a record of everyone with whom they have met (in the event the person does something stupid, like filing pro se and then tries to blame an attorney at a "free" consultation for some random comment that the person misunderstood in the first place when the bankruptcy is dismissed).
                  2. Find out if the person has an SSN. (if you don't that is kinda of a problem).
                  3. Also serves as a way to check credibility...if the person retains and they put 1 SSN on the intake sheet, but then supply a different one for the actual filing...that is kinda of a problem

                  Knowing where you bank is legitimate (but not account numbers). Potential issues arise for a BK if you bank with a credit union or with Wells Fargo, so it is important to know where a person banks.

                  So, although the attorney may not "need" the SSN, by the same token, it is not unreasonable to ask for it. But I don't see any need or reasonable basis to ask for account numbers at the intake phase.

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