Attorneys doing extensive background checks?

[tyson24]

My attorney did a complete background check on me and my husband...it's good, but is this common practice? Or is my attorney just covering his butt?

I am thinking it is like the kind of check that a trustee would do on us?

What does everyone think?

[tyson24]

And just for the record, the check came out better than fine I guess but I was just wondering if it was commonplace.

[jsofaz]

All I know is my attorney did this also. But my mother's attorney did not. Makes me think it depends on the attorney.

[tyson24]

I guess if I were an attorney I would want to know everything about my client before proceeding on a case. I am sure attorneys are looked down on when there are surprises that they have to contend with, Or just flat out fraud. If I were in a position like that I would hope I could pick and choose the cases I was comfortable with taking.

After this, I may think of going to law school. I just had to take an Int'l Business law class and the cases made me want to gouge my eyes out. Kudos to everyone that has made it through law school and passed the bar.

[minan]

I don't understand the need for a background check. We live in a country where everyone is afforded a atty when accused of a crime. Of course, bankruptcy is not a crime, however I don't understand the background check. I mean, if I can afford the atty fees and provide all the necessary information, why the check? I guess it is up to the atty. Just seems unusual.

[tyson24]

Maybe that is the attorney doing the trustees work for him?? I have no idea. Just never knew they did them. I am sure it shortens the trustee's process for sure. I know my atty used to be a mediator as well.

[Flamingo]

If you retain an attorney and sign a retention agreement, all that will be spelled out in the retention agreement if a background check will be run by the attorney. Read retention agreements/letters in full before retaining any attorney.

[despritfreya]

I routinely do a basic check on my clients before I meet with them to go over the worksheets.

This is done for several reasons:

1. What I know to be important, say in the way of transfers, the client may not consider. For example, if you refied your home within 2 years of filing that is a transfer. A search of the county records will show this. 9 times out of 10 the client does not recognize this as a transfer.

2. You are required to list all ownership interest in LLC's or corps, even if they are not active. A search of the Sec of State will show me each and every entity that my client has, at least as it relates to my State. 9 times out of 10 the client fails to list all entities because either they forgot about it or it was opened but never operated.

3. Sometimes doing a search turns up stuff the client was not going to tell me, like a multi million dollar judgment based in fraud. Even had one “potential” client that failed to mention a court order prohibiting the filing of bk without the judge’s permission and indicating that anyone who helped in such filing was going to be sanctioned. The judgment was recorded and just took seconds to find.

4. I as an attorney, have a duty to do my due diligence to try to keep my client out of trouble as signing Schedules is done under penalty of perjury. While I am not a guarantor of the accuracy of those Schedules it is nice to know that sometimes I catch mistakes (innocent or not) before the case is filed.

Des.

[tobee43]

4. I as an attorney, have a duty to do my due diligence to try to keep my client out of trouble as signing Schedules is done under penalty of perjury. While I am not a guarantor of the accuracy of those Schedules it is nice to know that sometimes I catch mistakes (innocent or not) before the case is filed.

Des.

well des...it's good to know that there is at least ONE of you out there that has some ethics!! LOL!! wish there were more just like you.

[tyson24]

We were told that he was going to do a background check on us. I did not have a problem with that at all. If you aren't hiding anything then you have nothing to worry about.

I am happy he did that for us, as we may have missed something. I think it is just extra added precaution.

Also, it was included in our fee as was our CC so that was stuff that we didn't need to worry about.

Des, do the trustee's typically do these same reports when going through a case?

[despritfreya]

In response to:

"Do the trustee's typically do these same reports when going through a case?"

I am sure they do, to an extent. I know they check motor vehicle records. And, I suspect when there are "red flags" in a case they do a general search of the public records. I doubt they hire a service but, you never know.

Des.

[kevano51]

I was told by several attorneys that the law firm has to do a lot of research and certifying on a bankruptcy case, so it is routine for them to check all the background info they then have to certify it in their schedules or what have u