QUESTION

How does one pick a good attorney to represent them in bankruptcy? There are so many and even ads in local penny savers.

Asked on Aug 31st, 2011 on Bankruptcy - New York
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Bankruptcy Attorney serving Burbank, CA
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There are many factors one should look at in choosing any attorney, especially in bankruptcy. Bankruptcy law is very complex and it was made significantly more complex by changes to the laws in 2005. There are a myriad of potential traps and problems in every case which require an experienced bankruptcy attorney to anticipate, identify, and avoid. Failing to do so can result in you having to spend thousands of dollars later to fix the mistake, if it is then even possible. WHAT TO LOOK FOR WHEN HIRING A LAWYER Here are a few key items to explore: Make sure the attorney is licensed in your State--you can check this out ahead of time in most states by simply going to the website of the State Bar of your state. Make sure the attorney is associated with professional bankruptcy groups that enable them to keep abreast of current topics, changes and important nuances. See if the attorney is a certified specialist in bankruptcy (this is not to say that bankruptcy attorneys who are NOT certified specialists aren't good, but it might be a factor you want to consider) Ask questions, such as: -How long have they been practicing bankruptcy law? -Do they handle exclusively bankruptcy cases, or do they dilute their practice by handling other areas? -Are they well thought of by their peers? You can check neutral, independent evaluation sites to see if they have a peer review rating such as martindale.com, lawyers.com or avvo.com. INEXPENSIVE "CHEAP" BANKRUPTCY ATTORNEYS We've all seen the advertisements, and you mentioned the PennySaver. A big mistake many people searching for a bankruptcy attorney make is ignoring the above factors (or minimizing them) and searching instead for the lowest priced attorney based on the ads they see. It is certainly understandable that someone seeking bankruptcy wants to conserve their money, but I promise you that you may regret not spending a little more for a qualified and experienced bankruptcy lawyer. YOU GET WHAT YOU PAY FOR There are many facors that can affect fees, such as the complexity of the case, number of creditors, and the chapter being filed, but the main reason is simply that there are differences between attorneys and what "ingredients" they offer. The old adage "you get what you pay for" applies to bankruptcy attorneys as well. If you needed surgery done, would you want the lowest priced surgeon cutting into you? I wouldn't. I wouldn't necessarily want the highest priced one either, but I would be extremely suspicious of a low-priced doctor. At best you're going to be seeing someone who does a high volume practice who couldn't possibly have the time to worry about your details. At worst, you could be setting yourself up for disaster. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter: @bklawr    
Answered on Sep 12th, 2011 at 11:50 AM

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DWI Defense Attorney serving St. Louis, MO
Partner at JCS Law
3 Awards
Lawyers.com offers client and peer ratings for lawyers in their directory. You may also contact your local bar association for a referral. Most bankruptcy attorneys offer free consultations, so you can visit with several attorneys and see which one you like best.
Answered on Aug 31st, 2011 at 2:59 PM

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