Should an attorney go with you to the 341?

[HHM]

Dang, I thought - the way he had made it seem so unnecessary for him to be there - that his not being there might be no big deal. You all make it sound like he really should be there.

Yes and no. In the strictest sense of the words "need to be there", an attorney does NOT need to be at a 341 because there really is nothing for the attorney to do. However, it is long established practice that an attorney "should" be present (and some district mandate attorney presence at the 341).

All that happens at the 341 is the trustee is going to ask you questions and YOU are the ones that have to answer them. And unlike a deposition, there is very little reason, if any, for an attorney to object to questions asked at a 341.

As a "practical" matter, there is no reason for an attorney attend. But, nevertheless, they SHOULD attend.

[PaKettle]

Yes and no. In the strictest sense of the words "need to be there", an attorney does NOT need to be at a 341 because there really is nothing for the attorney to do. However, it is long established practice that an attorney "should" be present (and some district mandate attorney presence at the 341).

All that happens at the 341 is the trustee is going to ask you questions and YOU are the ones that have to answer them. And unlike a deposition, there is very little reason, if any, for an attorney to object to questions asked at a 341.

As a "practical" matter, there is no reason for an attorney attend. But, nevertheless, they SHOULD attend.

Thanks for clarifying.
I'm guessing that because my -would be - attorney does a lot of bankruptcies in the district, his reputation for filling out the paperwork accurately is known, and so he feels it is just superfluous to attend. Still, it bothers me that he won't be there, because IF something comes up that he should answer, he would not be there to answer and I'd be left wondering what the hell happened, what went wrong, my case possibly delayed, etc. (I'm just guessing potential negative outcomes, here.)

So I am going to talk to him about it before I retain him officially, and if I don't like his answer, I will have to go back to that awful searching process.

[songbird81]

I asked my attorney if he would be going with us to the 341 meeting, and he said "Well, I usually do if I have time, but if not you can pay $75 extra an hour and I'll have someone attend".

I asked our attorney during the interview if he'd be at the 341 with us and he got a shocked look on his face and said "Absolutely! It would be malpractice if I weren't there!" I told him I was surprised that some attorneys didn't go, because we pay an attorney so much money to help us with a very frightening legal process - the least they can do is show up for a short meeting. He completely agreed.

That said, he and one of his colleagues alternate who goes to that week's 341 meetings, but we'll know as soon as our 341 is scheduled which attorney will be with us - it won't be a surprise.

That lawyer wanting to charge you extra for something they should already do as part of the BK fee is a big red flag to me. Just the fact that you're questioning it means your gut is telling you something's off. I would pass on this one and find someone you're more comfortable with. Have you looked on martindalehubbell.com? That's where we found the one we hired. Good luck!

[freshstart06]

Again, I say.....RUN, RUN AS FAST AS YOU CAN.... there is no excuse for a Professional lawyer not to make time for his client. If you had half the money to pay him he will not assist you so why is he giving you have of his services.

[PaKettle]

Well I appreciate all the feedback. This guy is one of the most experienced attorneys in my area, does only bankruptcies and came recommended to me, so I am surprised that he does not do something that almost everyone seems to agree he SHOULD do.

I am going to call him and ask him about it, and if he says no, he doesn't go for the $1750 I'm paying him for a straight no -asset chapter 7, then I will tell him I need to look for another attorney.

Thanks for all the feedback.