In
times of financial
crisis when professional
legal advice is badly
needed, choosing
the RIGHT attorney
is an important - and
sometimes critical
- decision. Consider
the following
points in making any
decision to retain
legal counsel:
1. Experience. Choose
an experienced attorney
who understands the
law and the finer aspects
of bankruptcy procedure.
When you have a high
fever, you certainly
don't go to the podiatrist.
In the same way, attorneys
specialize in everything
from criminal law to
corporate mergers.
Some attorneys obtain
experience at the expense
of their clients. Make
sure you choose a seasoned
bankruptcy attorney
who understands the
local rules, the Trustees'
preferences, the local
judge's rulings, and
how to work with the
local creditor attorneys.
2. Reputation. Choose
an attorney with a
record of success who
has earned the respect
of his colleagues.
Since the work done
by your bankruptcy
attorney will have
an impact on your financial
life for years, it
pays to choose an attorney
with a record of successful
bankruptcy filings.
3. Reasonable
fees. Choose an attorney
whose fees are fair.
Attorney fees run the
table from affordable
to cost-prohibitive.
Your bankruptcy attorney
should work with you
to establish a fair
fee and provide you
with a flexible payment
plan. Like a good accountant,
a good bankruptcy attorney
can save you much more
than you have to pay
in fees. With good
exemption planning,
careful analysis of
any transfer issues,
and expert advice on
how to handle different
kinds of debts both
before and after filing,
a good bankruptcy attorney
can save you a significant
amount of money.
4. Law firm
size. Choose
an attorney who has
the resources available
- but can handle
each case in a personal
manner. Too
large a firm may have
more lawyers, but
will each one have
an intimate knowledge
of your case - when
such knowledge is
needed and important.
5. Attorney-client
relationship. The foundation
of effective legal
representation is an
attorney-client relationship
built on trust and
respect. It is important
that you feel comfortable
with the attorney you
choose, he will guide
you through a very
difficult period in
your life. However,
do not be blinded by
former allegiances.
The general practice
lawyer down the street
might be a great person,
might have worked with
you in the past, and
might quote you a really
good price, but that
doesn't make him or
her the best choice.
6. Free Consultation. An attorney who places
his clients needs first
will provide a free
consultation. If an
attorney insists on
a consultation fee,
look for another attorney.
7. Proximity. Proximity
to your home is only
one consideration when
choosing a bankruptcy
attorney. In today's
electronic age, paperwork
can be handled via
mail, fax or E-mail.
It's far more important
that you choose an
experienced, qualified
attorney, than to choose
an attorney because
his office is down
the street.
8. Willingness
to answer questions. Choose
an attorney who is
receptive to your questions.
You must understand
the bankruptcy process
before you decide to
hire an attorney.
9. Credit
Restoration. Choose an attorney
who will help you rebuild
your financial life.
The attorney you choose
should have the resources
to help you dispute
credit report errors
and provide a list
of bankruptcy friendly
lenders. Your attorney
ought to provide you
with the tools necessary
to execute your plan
to rebuild your financial
life.
10. Choose
a local attorney
who knows
the system. Choosing
an attorney from a
national referral service
may not provide the
qualifications or experience
which you need. Look
for an attorney who
specializes not only
in the field of bankruptcy,
but also in the geographical
area. A local attorney
- not one with a relationship
to a referral source
- is usually your best
bet.
11. Local
Bar Association. If
you're confused,
consult the Nebraska
Bar Association - and
then call around asking
about experience, fees,
and other concerns.
A consultation is very
important because this
allows you to meet
the attorney, who may
represent you in one
of the most important
matters of your life
--- before making any
legal commitment.
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