It is an emotional and complicated process to file for bankruptcy in the United States.You need an attorney who is experienced in handling bankruptcies like yours, well respected, and who will provide you with individualized legal services.When choosing an attorney, look for one who knows how to handle bankruptcy cases.Make a final decision based on your personal needs after meeting with several attorneys.
Step 1: Consider your goals.
Determine the type of attorney you need by looking at what other people have done.Do you want to file for a business or individual?A bankruptcy attorney might have more experience in one classification than the other.If you don't have the ability to pay your debts, you may want to file a Chapter 7 bankruptcy.If you want to restructure your debt so that you can make monthly payments, and you have a steady income, you should file for a Chapter 13 bankruptcy.If you don't qualify for Chapter 13 because you have too much debt, you may be able to restructure it through Chapter 11.
Step 2: Ask your family, friends, and co-workers to refer you.
Someone you know and whose opinion you value may be a good bankruptcy attorney.A personal referral can let you know if the attorney888-607-888-607-3166 is a good choice for you.
Step 3: Talk to tax professionals.
If you know any tax preparers or attorneys, you should ask them if they can recommend a good bankruptcy attorney.Professionals keep a list of other professionals who may need their services.They may be able to give you names of attorneys in your area who they recommend to you.
Step 4: Contact the state and local bar associations.
There are many ways to find experienced attorneys.Lawyer referral services are provided by most state and local bar associations.The lists of experts are maintained by the bankruptcy associations.There is information about referrals and attorneys on the website of the Consumer Bankruptcy Association.
Step 5: There are attorneys with a relevant specialization.
You should narrow your list by practice area.An attorney who specializes in the type of bankruptcy you need is what you want.Eliminate any attorneys who specialize in consumer/individual bankruptcy if you need an attorney who handles bankruptcies for businesses.
Step 6: Determine the attorney's experience.
You want to examine the experience of the bankruptcy attorneys you have gathered.If you want to focus on how long an attorney has been practicing law, you should look at how much time they have spent practicing bankruptcy law.Is the main focus of their practice bankruptcy?Do they have specialized certificates for bankruptcies?Are they members of organizations?
Step 7: The attorney has a background.
A lot of information about attorneys can be found online.Evaluate the search results with an eye towards whether or not the material indicates specialization, success, and experience in bankruptcy law, if you conduct an internet search for each attorney's name.You can read any client reviews.Evaluate an attorney's website for professionalism and indications of their practice.Consider the attorney's educational background.They've written articles.
Step 8: Disciplined actions should be checked for.
Contact state and local bar associations to find out if the attorney has ever been disciplined.You may want to use a different lawyer if you are unhappy with your client.If you want to know if the attorneys you are researching are certified bankruptcy experts, you can ask the bar association.
Step 9: Meet with a few attorneys and narrow your choices.
Pick the top three or four candidates after you've finished your research.You should ask the attorneys if they offer free or discounted initial consultations.To save yourself some money, make appointments with just two of the attorneys if they don't offer those services.You should consider how you were treated on the phone when you make your appointment.The staff was courteous and professional.The law practice is reflected in their conduct.
Step 10: Financial documents should be brought to the meeting.
In an initial consultation you will probably only have an hour with the attorney, so come prepared with questions you want to ask and copies of your financial documents.Compile a list of all present and past debts, property that you own, and all of your financial accounts with balance information.You can get a copy of your tax returns and paycheck.You can bring a copy of the deed to your house.
Step 11: Evaluate the attorney.
When you meet with the attorney, make sure to notice how they treat you, whether they meet personally or with a staff member, and whether or not they answer your questions clearly.Evaluate their experience handling cases like yours.Have they handled similar cases to yours?How long have they been practicing?How many bankruptcies do they file each month?You don't want an attorney who files a lot of cases a month because they may not be able to give you individual attention.
Step 12: Discuss your case.
You want to evaluate how the attorney would proceed with your case after you discuss your financial background with him or her.The strategy may change once the attorney has more time to review your materials, but you can still get a sense of their approach, style and knowledge.Ask the attorney what type of bankruptcy is right for you.This gives you an opportunity to evaluate the attorney's legal knowledge and demeanor in speaking with clients and provides you with additional information about types of bankruptcy.If they are available to answer your questions at a moment's notice, ask who would be handling your case.You want to make sure that the attorney doesn't pass your case to someone else.Some firms, known as bankruptcy mills, take more cases than they can handle and then retain outside lawyers to take over the cases.You don't want to keep a bankruptcy mill.
Step 13: Discuss the attorney's fees.
You can ask the attorney what the charges are for a typical Chapter 7 or 13 bankruptcy.Many attorneys want to meet with their clients before discussing their fees.Call several attorneys in the area and ask what they charge for a typical Chapter 7 or 13 bankruptcy.You can use this as a starting point to evaluate the reasonableness of the fees.When talking about a fee, ask what the fee will cover.For Chapter 7 or 13 bankruptcies, a flat fee should include: a consultation and evaluation of your financial situation, preparation of all court filings, and representation at the bankruptcy hearing.Representation at a hearing is not included in most flat fees.If the attorney is quoting a fee that is much lower than other attorneys, consider the possibility that he is not considering your case.Attorney's fees can vary by location.Between 2005 and 2009, the average attorney's fees for Chapter 7 bankruptcies were between $1,080 and $1,200.Fees have ranged from as little as $700 in Idaho to as much as $1,530 in Arizona.Fees between $1,200 and $2,500 are reasonable.Depending on location, attorney's fees are between $2,500 and $5,500 in a Chapter 13 case.You will be expected to pay your fees even before you file a Chapter 7 bankruptcy.In a Chapter 13 case, your attorneys may allow you to pay some of your fees through a payment plan.
Step 14: Evaluate the initial consultations.
After you meet with the attorneys, you should take some time to think about them.It is important to ask the following questions for each candidate: Whose background and skills seem most in line with your needs?Who was the best at giving advice?Which one did you feel most comfortable interacting with?Is it fair for the fees of other attorneys to be the same?Will you receive one-on-one attention?
Step 15: Know what to avoid.
There are certain warning signs that you need to look for when choosing a bankruptcy attorney.Was the initial meeting run by the attorney or another staff member?The firm may be a bankruptcy mill if you didn't meet with the attorney.How long did the meeting last?If the meeting was 30 minutes or less and the lawyer did not get into the specifics of your case, this could be a sign of a bankrupt firm that won't give you individualized attention.The lawyer has a chance to understand the specifics of your case when the initial meetings last around an hour.Did you understand your options after the meeting?The attorney did not give you enough information when you left the meeting.Were you pressured to sign a fee agreement?Attorneys are aware that you may need time to think about all of your choices.If an attorney exerts pressure on you throughout the case, it's not good for a good working relationship.
Step 16: You should make your final choice.
After weighing the pros and cons of each attorney, choose the one that will meet your needs, provide individualized legal services, and with whom you feel most comfortable.You should pay your retainer after you sign the fee agreement.If you don't feel comfortable with any of the attorneys you've visited, you should interview others.