Bankruptcy can be stressful. Don't add to the problem by hiring an inadequate attorney. Such representation can hinder your bankruptcy outcome. Finding the right attorney for your situation can be overwhelming. When struggling under a huge debt load, it may seem logical to hire the cheapest firm available. However, that could cause serious damage to your case. Cheaper is not always the best way to go in bankruptcy. Your legal rights and financial future are at stake.
If you hire an inexperienced attorney, the case might get dismissed, that means you would have to re-file the case. When re-filing the case, the automatic stay (that protects you from your creditors) is only for 30 days active. Within that time period, you would have to file a motion to extend the stay with no guarantee that the court will extend the stay.
First of all, narrow down your search to two or three candidates. Always choose an attorney who has experience and specialized in bankruptcy law. Whether you look in the phone book, search online, or watch a TV commercial, finding an attorney can be time consuming, but it's necessary. Don't procrastinate, but don't rush into the first option available either.
Online Search
Check out your state's bar association website to make sure your attorney is in good standing. Study the attorney's website for more information about the firm. Many sites post client referrals. Search the firm's history, caseload, and certifications.
Recommendation:
Recommendations from friends and relatives may be fine for some, but others may feel embarrassed about sharing their financial woes with a gossiping "mother-in-law." Find someone who's had personal experience with bankruptcy.
Consultations
Many attorneys offer free consultations. Prepare a list of questions ahead of time, and be informed about your options. This will make the process easier for both you and the attorney. Take note of the attorney's response time. If it takes them a week to call you back, you may need to find someone with a smaller caseload. Visit more than one firm before making your decision.
Questions to ask
(a) Ask about the attorney's caseload. Your case is important and you don't want it to be shuffled into oblivion.
(b) Inquire about the attorney's expertise and which other areas of law they handle.
(c) What is the attorney's fee? All fees should be agreed upon upfront and not tacked onto the bill later.
Important Reminders
Finding an attorney may be the most important decision you'll make in your bankruptcy experience. Find one that works well for your individual financial situation.
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