7. Hire Someone Who Is on Your Side
This sounds obvious enough. But there are, apparently, lawyers out there who take bankruptcy cases but don't like the people who file them. There are lawyers who yelled at the clients for having so much debt! That's completely inappropriate, as well as incomprehensible from a business standpoint.
Bankruptcy is a perfectly legal option. Lawyers who are judgmental on the subject shouldn't be practicing in this area. It could be a sign that they don't handle many bankruptcy cases or they usually represent creditors, rather than debtors.
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8. Don't Make Your Decision on Price Alone
I know you don't have much cash lying around. That's why you're filing bankruptcy. But you'll be getting rid of a large amount of debt. This is an investment in your future. If you want the job done right, you'll have to pay the price.
This doesn't mean that the most expensive is always the best. We live in a capitalist system, and lawyers are free to charge whatever they want. But the consumer is also free to say, "No, thank you." Bankruptcy is a fairly competitive area, since people tend to be more price-conscious. So, lawyers who charge far more than everyone else may find that they're not getting much business and lower their fees.
You probably also don't want the cheapest guy in town. Lawyers who charge less than everyone else may be less experienced. Also, they may be able to charge less because they do less. They may not be willing to answer all your questions or attend to all the details that will make your case go smoothly. You're only doing this once. You want it done right.
Some lawyers quote a lower fee but then nickel-and-dime you to death. Make sure you know exactly what is included in any "flat fee" and what might be considered an extra. Of course, this ought to be in writing. It could be in the form of a "retainer agreement," or it could be an "engagement letter." This is a letter from the lawyer to you, shortly after your first meeting, which spells out the terms of your arrangement. You'll be asked to sign a copy of the letter and return it, to show that you've seen it and agree.
In fact, the 2005 law requires lawyers to enter into a written contract with their clients.
9. Be Prepared
Before you pick up the phone, pick up a pen (or sit down at your computer). You should make a list of all the questions you want answered. Don't be afraid to walk into the lawyer's office with your list. This is an important decision you're about to make and you need all the facts first.
10. Listen to Your Gut
Although I put it last, this might be the most important tip of all. Hiring a lawyer is like hiring a doctor. Your choice must be someone that you are both comfortable with and confident in.
You might have found the Johnnie Cochran of bankruptcy law. But if you don't feel right about putting your case in his hands, keep looking.
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