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The importance of a GOOD attorney

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    The importance of a GOOD attorney

    I've seen several posts here about how to choose a BK attorney. Here's my 2 cents:

    As we all know, there are tons of BK attorneys out there and a lot of them run their business in a way that leaves you feeling like you are on a mass production line. I certainly did with 2 out of the 3 attorneys I interviewed. I even got to the point of asking one of them what his case load was, quite obviously displaying my concern that I would be treated as another number and no amount of detail would be invested in my case.

    I ended up choosing an attorney who was the only one that:
    1. Did not make my initial free consultation feel rushed, on the clock, etc;
    2. Not only answered my follow up questions via email, but explained why he was answering the way he did, and provided answers within reasonable timeframes (overnight);
    3. We used a little bit of time to set and clarify expectations of each other, how we worked, how reasonably soon we expected answers, how involved we wanted to be, etc.
    4. Personally knows the trustees for my district.

    I felt comfortable, treated as a person, and secure that he would have my back.

    Well, that was Friday, 7/23, and he kept answering follow up questions via email through 7/28, always timely and always providing the basis or rationale for the answers.

    On 8/6 we formally retained him, and asserted our desire (and need due to means test purposes) to file prior to the end of August. Between then and 8/15 I worked with him and the paralegal assigned to me going over documents, numbers, etc. I had most of my paperwork compiled beforehand so that saved a lot of time. I had also requested to be heavily involved. To my surprise, he no longer emailed me overnight, but was responding to my questions within a couple hours. He even checked on a pending issue with me on a Saturday morning!

    On 8/16 I received the final draft petition for final review.

    On 8/25 we will meet to sign and provide final payment.

    On 8/27 he will file. We already have a meeting scheduled on 9/10 to go over preparation for the 341 as he will know by then who the trustee will be (and he knows them personally).

    Bottom line, he answered all our questions in a timely manner, dedicated an appropriate amount of attention and detail to us, came to a mutual understanding of how to work with each other prior to retaining. Those were important to us.

    Again, just my two cents on our experience and what worked for us.

    Good luck to all. We're about to take the plunge!
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    #2
    If only could I realize this earlier. I have a feeling that mine's just a number on the mass production line. Either that or the firm I chose was way too familiar with the case such as mine so they didn't have to ask may questions.

    anyway, yours is a very good one from my perspective.
    Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

    Comment


      #3
      I think it's important you identify the parameters that are important to you and then match those to the professional you feel comfortable with. Unfortunately, most people don't really "screen" attorneys. I didn't know how to measure one against the other, so all I had to go on was my parameters and gut feel.
      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

      Comment


        #4
        ccsjoe, sounds like you found yourself a good one. You made lots of great points here, all of which I wish I'd known before we hired our attorney. He's not awful, and he's getting better now that I laid out my expectations very clearly and directly, but we definitely had some issues at the beginning. I've learned a lot from this whole process -- I wrote an article about it on my blog recently: How To Find The Right Bankruptcy Attorney
        DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

        Comment


          #5
          So far, so good with mine. Just waiting for my 341.
          Filed Ch 7 8/12/10
          341 Meeting 9/15/10
          Discharged 11/15/10

          Comment


            #6
            It certainly does sound like you have a good atty. We also met with three different attys before choosing one. Unexpectedly, we ended up talking with a different atty in our atty's office when we went in initially and I didn't particularly like the guy. I just wasn't comfortable with him. The lead atty ended up calling me back and I liked him and his manner. He seemed thorough and very professional and unhurried, yet matter of fact. I didn't think to ask if I could email him questions which would be nice but I have spoken with his paralegal just a couple of times and she has been very kind and helpful.
            Best wishes and thanks for the great posts.

            Comment


              #7
              cantbretahe, likewise.

              researchnerd, that was a good article, mirrors a lor of what I screened for based on logic

              Ironpirate & wnguyen, good luck and may things go smooth
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

              Comment


                #8
                Thanks ccsjoe. I didn't mean to complain about my lawyer. As a matter of fact, I don't have anything to complain. They're doing a good job. It's just that I have somehow hard times get a hold of my lawyer and ask some questions that really irk me. Every time I called, I got to the paralegal staff and some are pleasant to talk, some are not really.
                Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

                Comment


                  #9
                  I used a bankruptcy mill and it worked out great for me. However, that is only because I used this forum and went over their paperwork and made them correct mistakes. I even told them to exempt my tax return and made them change the paperwork to exempt. The attorney assured me the trustee didn't take tax returns. Then I emailed him a case in the western district where the judge ruled in the favor of the trustee because the petitioner did not exempt it their paperwork. I also called the legal clerk and told them, do you realize that you scanned someone else documentation with mine and submitted it to PACER.. LOL.. They were surprised when I told them I had been following the case on PACER... It was funny cause my attorney had initially told me PACER was for attorneys.

                  That being said my case was simple CH7 no asset. I would have very diligent in my search if it was complicated

                  Comment


                    #10
                    ccsjoe,

                    As the others have mentioned, your posts are very thoughtful and helpful. I enjoy reading them.

                    I was recently discharged and I thought about what you had posted and wanted to add something to which you had alluded. That is, if you are in the situation where you are torn between retaining two attorneys, definitely go with your gut instinct.

                    As MI Bankruptcy mentioned, a bankruptcy mill can work out fine depending on the circumstances of your case and how proactive you are.

                    One of the things I realized after I was discharged was how this was truly one of the few times in my life where I put my financial life in someone else's hands. I truly took a chance and it was well worth it. What I realized was that my instinct told me to retain this attorney for the professionalism he exhibited, but also because he was a very solid human being.

                    Fresh

                    Comment


                      #11
                      Thanks Fresh. I just want to try and contribute something given how much I am learning and taking from here.
                      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                      Comment


                        #12
                        Originally posted by Fresh View Post
                        ccsjoe,

                        As the others have mentioned, your posts are very thoughtful and helpful. I enjoy reading them.
                        i agree...and i enjoy them as well...thanks joe!
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                          #13
                          Enjoyed your post and concur that it was thoughtful and helpful to anyone in the interview stage of the hunt.

                          Wish my attorney was like that...but at the first sign she had to actually respond to objections/motions, she took my 10k (Chapter 13...4k up front and 6 k in the plan) and ran/withdrew.

                          Comment


                            #14
                            Wish my attorney was like that...but at the first sign she had to actually respond to objections/motions, she took my 10k (Chapter 13...4k up front and 6 k in the plan) and ran/withdrew.
                            can't you file a complaint with your states bar assoc.?
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                              #15
                              Thank you all. And Colorado, agree with tobee. Can you file a complaint? Did you review the written agreement you had and what it covered? Did she skip out on it? If so, she may be legally liable?
                              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                              Comment

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