When someone decides to file for bankruptcy, one of the most important decisions they will make is who will represent them in court and guide them through the bankruptcy process. Finding the right attorney can take time, but it is important that the filer does his or her research before hiring a bankruptcy attorney.
Personal referrals from family and friends are often a reliable source to get recommendations when looking for a legal professional. However, not all people know of good bankruptcy attorneys, which is why many people resort to online searches to find an attorney.
Be wary of online directories that promise to connect consumers with bankruptcy attorneys in their area. Many of these directories list attorneys who have paid a fee to be included in their list. Those listed do not necessarily represent quality but the financial ability to pay for advertising. Instead, it may be best to go through professional networks, including the following:
- National Association of Consumer Bankruptcy Attorneys (NACBA)
- American Bar Association
- Florida State Bar Association
After deciding on an attorney to contact, the first step is to make a consultation to meet him or her and discuss the filer’s possible case. Many attorneys will do initial consultations for free. This meeting also allows the consumer to interview the attorney and decide whether he or she would be a good fit.
Experience and Expertise
Practicing bankruptcy law requires someone who is knowledgeable about this area of the law and has the experience to back this knowledge. While bankruptcy filings are made most on governmental forms, it is imperative that the person filing them knows how to fill them out correctly and have them filed on time. One small mistake on the form or in when it is filed could result in the consumer’s case being tossed out of court and the case failing, which is why it is important the consumer hire someone who specializes in this area of the law.
To get an idea of the attorney’s experience, in the consultation, ask the attorney what his or her specialty is, whether he or she has a bankruptcy certification from the American Board of Certification or an affiliation with NACBA. Ask the attorney how many Chapters 7 or 13 bankruptcies he or she has handled and what the alternatives are to bankruptcy and whether those alternatives would be acceptable for the client’s specific case.
Online Reviews and Client Testimonials
Like any business decision, it helps to check out the online reviews for the attorney. See what other consumers have to say about the attorney’s work. Look for red flags like multiple reviewers saying that the attorney never followed through on phone calls or did not complete the work, as promised. While a negative review may show up every now and then, if numerous poor reviews exist, there may be cause for concern. Contact the Florida Bar and see if the attorney has had any recent complaints filed against them. Check online and see if the law firm is accredited with the Better Business Bureau. Membership requires that businesses uphold certain ethical standards and customer care.
Attorney Communication and Compatibility
The consultation is also meant as a way for the client and attorney to see if they would work well together. Communication is key for any working relationship to go well. The client needs to feel comfortable speaking with the attorney and also needs to know the attorney will return communications with him or her when sent. Personality compatibility can go a long way, and if the client does not feel that their personalities would gel well together after that first meeting, it may be best to continue looking.
Legal Fees
While there is no standard figure for how much a bankruptcy case will cost, it helps to know the cost upfront. Since a Chapter 13 bankruptcy case takes longer to complete and will involve more work, it will cost more than a Chapter 7 bankruptcy case. A Chapter 7 bankruptcy case will cost anywhere from $500 to $3,500, and a Chapter 13 bankruptcy case will cost anywhere from $1,500 to $6,000. If any additional fees or costs will be needed for the case, it is important that the attorney also disclose these during your initial meeting to avoid surprises later.
Questions to Ask
It helps to walk into the consultation with a list of questions to ask the attorney to determine if he or she is the right fit during the first meeting with a bankruptcy attorney. One important question to ask has to do with the attorney’s availability. One of the biggest complaints that clients make of their attorneys has to do with the lack of availability. How quickly does he or she return emails or phone calls? Will a certain staff member other than the attorney be the best contact in the office? It may also be helpful to ask the attorney if he or she has any certifications, as well as how many bankruptcies he or she has handled.
Also, ask the attorney to clearly explain the law and what to expect in the bankruptcy process. At the end of the free consultation, you should walk away understanding what to expect and have a good feeling about the process. At the end of the day, a potential client needs to walk away feeling confident in his or her selection. If any red flags show up in the consultation process, it is best to keep looking.
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If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.
