Paralegal vs Lawyer

[TheAbyss]

The more I contact lawyers to check for their required fee amounts for chapter 7, the more I am losing hope that I'll be able to find one that I can afford.

I'd be a no asset, limited income case. All my debt is unsecured consumer debt. (In MA) Does anyone here have experience that they can share, with using a paralegal, instead of a Lawyer?

Or what do you think of something like this?

http://usabankruptcyassociates.com/usabk/index.asp?gclid=CJzcytulmZoCFQVfFQodYniI9w

Again, I understand the importance of a qualified attorney, but I may end up needing the best possible alternative, if one exists.

[Recessionist]

I was told that "We The People" has a bad rep in our area by a few attorneys and others - your area might be different. I believe that there are many paralegals out there perfectly qualified to help you complete the paperwork, but they cannot give legal advice. Start with your State Bar Association and local legal aid society so see who they might recommend. You can also check with the Better Business Bureau to see if complaints have been lodged.

[TheAbyss]

Thanks.

[TheAbyss]

A follow up question would be...If paralegals are not allowed to give any on the record, legal advice. What about off the record advice? Do they ever give their off the record opinions of a situation, to someone they're working with? Such as assessing the likelihood of success?

[Recessionist]

Oh, I am sure some do, and I would say "let the buyer beware" to any advice they hear in that situation. (Just like we take what we hear on this board with a grain of salt.)

[TheAbyss]

Oh, I am sure some do, and I would say "let the buyer beware" to any advice they hear in that situation. (Just like we take what we hear on this board with a grain of salt.)

Buyer Beware? That's Very true...but then the same could be said about SOME of the lawyers, judging from some of the posts I've read in this forum.
From what I've read, I'd pretty much just be paying the attorney for pre-filing advice. They also prepare the paperwork. But there are services available, that do the paperwork for less. Like the one I linked. (If they're any good) He/she (Lawyer) can't even speak for me at the 341 meeting.

All that being said, I was willing to pay for one, if I could afford it. I've sent out a few more communications out to other local attorneys, to see what they say. If they quote me the same unaffordable prices, I'll be looking elsewhere.

[HHM]

The cheapest price is almost never the cheapest cost.

If you are an obviously straightfoward chapter 7, then maybe a paralegal can help. Just realize what you are buying, the information they put on the petition is only as good as what you provide them, they are prohibited and can get in quite a bit of trouble if they advise you in anyway.

95% of the time, when someone says BK is unaffordable, that is not fact, but an opinion. If you really wanted to, you can find a way.

[TheAbyss]

the information they put on the petition is only as good as what you provide them

Wouldn't the same be true of a lawyer? Like the paralegal, the lawyer only has the information that I give him. Therefore nothing seems to be different about that.

95% of the time, when someone says BK is unaffordable, that is not fact, but an opinion. If you really wanted to, you can find a way.

It's a fact in my case. I can't afford the ones that I've talked to, so far. What do you suggest I do? Borrow even more money beyond my means, to pay for one?

[HHM]

Wouldn't the same be true of a lawyer? Like the paralegal, the lawyer only has the information that I give him. Therefore nothing seems to be different about that.

Nothing could be further from the truth, at least not for conscientious attorneys. No attorneys, except for maybe bankruptcy mills, simply take your info, put it on the petition and file your case. The attorney will analyze what you gave them, counsel you on your budget, identify any problems or issues, is able to question you to make sure there are no surprises, clarify any oddities, come up with options for dealing with them (hey, did you pay back mom $2,000 2 months, that is a problem, lets come up with a strategy to deal with it. A paralegal will simply put it on your petition, and at the 341 meeting the trustee will be, pay me $2,000 or I am suing mom).

Make no mistake, a bankruptcy is a "legal case", it is not simply a packet of forms.

As far as what I suggest, I can't, I don't know your circumstances, but go back to the attorney you felt most comfortable with and ask for options and assess your risk to waiting to file. Short of being unemployed (in which case filing BK is premature), almost anyone can swing $200 per month. If you are low risk for anything happening to you while you build up your attorney's fees, then you have time, you can start making $200 per month payments to your attorney.

As you know, legally, you don't need an attorney to file.

[Vanda]

I would recommend talking to a couple of attorneys. They do need to know what questions because details arise that you might not realize are an issue.

[TheAbyss]

Short of being unemployed (in which case filing BK is premature)

Why is it premature?

[HHM]

Why is it premature?

Unless you can pay your living expenses after the BK is filed, a BK can be risky from a practical standpoint.