How Should I Treat My Bankruptcy Lawyer?

You should treat your bankruptcy lawyer with a great deal of respect…if they deserve it. Yes, I am a bankruptcy lawyer. Every day people who never wanted to even consider filing for bankruptcy come to see me. Besides being reluctant to be in my office, they walk in all stressed out. If they come in with their spouse, the tension is evident. They tell me about the harassing phone calls and letters they are receiving daily. They tell me their fears of losing their home, of going to jail for not paying their bills. They tell me about how they got into the financial difficulty they are in. Usually it is because of conditions beyond their control. Downsizing at work, a separation or divorce, a medical condition suffered by a family member, the two floods we had last year. They walk into my office worn down by their financial burdens.

They meet with me and my staff. We examine their situation. We look at the last 6-7 months of income. We look at their bills, collection letters and lawsuits against them. We get their credit report. We try to value their homes, their cars, their other assets.

Then we come up with a plan. Sometimes it involves filing a Chapter 7 bankruptcy. Sometimes a Chapter 13. Sometimes we explain that they are judgment proof, and that their creditors cannot ever get anything from them. We explain their options and the procedures involved.

When they leave my office, they walk out standing up taller than when they came in. They feel less stressed out. They have hope that the future will be better. They have a plan.

So you should treat your bankruptcy lawyer with respect, because if he or she is doing their job right, the trip will be bearable, predictable and successful.

Your relationship with your bankruptcy lawyer should also include the following:

1) Honesty. If you are not completely honest with your bankruptcy lawyer he or she cannot protect you properly. If there are problems, your lawyer needs to know it. Surprises are usually bad, and you can suffer consequences that might have been avoided if your lawyer knew the truth from the beginning.

2) Full disclosure. This is an extension of Honesty. Tell your lawyer about all of your assets. Don’t conveniently forget the antique car your brother is keeping in his garage for you. Or your collection of valuable Roger Clemens rookie cards. Or your original Barbies still in their boxes.

3) Follow through on your commitments. Call in if asked, come to office meetings when they are scheduled, open and read all correspondence from the court, the trustee and from your attorney.

4) Do not speak with your creditors without the knowledge of your attorney. Sometimes clients will get a letter or phone call from a creditor who tells them they must pay a bill that is included in the bankruptcy. Some clients actually pay the bill and never tell their attorney. Often, if they simply told their attorney about the creditor’s violation of the bankruptcy rules, their attorney could not only get the offending creditor to stop, but they could also get money damages for the client.

5) And again, give your bankruptcy lawyer your respect, if they deserve it.

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