How Not to be Selected as a Client by a Bankruptcy Attorney.

There are several ways to ensure that I will not represent you as a bankruptcy client.  Keep in mind that when you have a consultation with a bankruptcy attorney the interview is a two way street.  You are determining if you want me to represent you in the bankruptcy process.  At the same time I will determine whether or not I wish to represent you.  Just because you walk through my door does not mean that I must represent you.

That point alone is critical especially if you wait until the day of or the day before a foreclosure to seek legal assistance.  In fact I down right refuse to represent anyone who gives me less than a week to prepare for their bankruptcy.  Why?  Because you are aware months ahead of time that you are headed down a path of financial distress.   Bankruptcy is a complex process that too many people do not take seriously.   If your bankruptcy is not handled correctly the end result could land you and/or your attorney in jail.

My top five reasons for declining to represent a client:

1. Someone who walks in my office and tells me that they are filing one chapter or another.  Why?  Because there are many factors that must be considered before deciding which chapter to file.  Bankruptcy is not cut and dry no matter what you read on the Internet or what your friends tell you.  When you tell me what chapter you are filing indicates that my representation of you is going to argumentative and not worth my time or yours.
2. Someone who walks in and tells me that there is no way they are going to pay any of their credit card debt.  These people are generally those who say the credit card system is fraudulent and they should not have to pay any debt back.  Although I agree that the credit card industry has fraudulent activities throughout its history but nine times out of ten one is in debt because they took out the initial debt.  Most of my clients do not pay anything to the credit cards but the difference is that these clients are aware that they are responsible for that debt.  The first step to changing your financial behavior is admitting that you have made some bad decisions or you have some mitigating factors that must be addressed.  If you are not willing to take a hard look at why you are in financial distress than I probably cannot help you with your financial journey.
3. Someone who calls my office and demands that I must meet them at a certain date and time.  Again let me mention that I do not have to accept you as a client.  I only have certain appointments available.  I must maintain a certain schedule in order to serve and protect all my clients.  Although on occasion I do make special appointments.  However it is because I made that determination not because someone demanded that I cater to their needs.
4. Someone who refuses to bring documentation to my office.  I cannot protect you or your assets if you are not willing to help yourself and bring the documentation I request.  I might have had one or two cases where the client has brought all the documentation that I have requested.  The remaining clients we have had to be helped throughout the bankruptcy process.  I refuse the person who we have to fight with constantly to bring in the documentation in to protect them.
5. Someone who complains about the fee is a huge red flag as to why I will not represent them.  As an attorney we only have a our time and skill to sell.  This is the hardest concept for people to understand.  Many people who come in for a consultation believe that attorneys should file the bankruptcy for free.  I constantly hear “how do you expect me to pay for this?”  My response is you can budget and pay for it over time.  There are many clients that I give a discount to but this is when I decide based upon their budget to reduce my fee.  Not because someone demanded that I reduce or waive my fees.    When someone starts complaining about my fee I usually refer them out to another attorney because no matter what I do this person will never be satisfied with my services.

The bottom line is that the relationship between myself and my clients is generally a long term relationship.  The journey does not end upon the discharge but is just beginning. As such I now choose my clients very carefully. I want a client who respects my office as well as my staff and who really wants help in regaining financial control.  This is my calling and I believe in what I do and why I do it but I cannot help you if you do not wish to listen to counsel.

My advice is the same to you when you are choosing an attorney.  Never pick an attorney that you are not happy or comfortable with.  There are many choices out there for you to choose from and this may be the most important financial decision that you make.  Do not take it lightly.  Do not go in with preconceived notions.  Do not expect to receive legal services for free.  Do your homework and be informed but if you know more than the attorney, then why waste their time or yours?

Knowledge is power and the more knowledge you gain about how to choose an attorney the better choice you can make.

Written by Kansas City, Missouri Bankruptcy Attorney, Rachel Lynn Foley.

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