Paralegal vs Attorney

[morgan816]

Hello everyone,
I am getting ready to file for Chpt 7 bankruptcy and am considering a paralegal as I do not have $2500< to spend on an attorney. Does anyone have any experience with paralegals or an opinion? To better understand my situation , right now I am my mothers primary caregiver who is in hospice. I do not get paid and moved home to help my dad so he could work. (he does not have the money to pay me or pay my credit card bills.) From the time my mother was diagnosed with cancer I stopped working my 2 jobs and stopped paying on my debt, which is around $30000 including the car I was not able to keep. SO... I have no income, no assets and alot of debt. With my situation being so simple, can I go with just a paralegal? I understand I have to represent myself in court and cannot ask legal questions to the paralegal. Any opinions/thoughts are greatly appreciated!!

[Flamingo]

Paralegal filing services only prepare documents from information you provide to them. They cannot give you legal advice and cannot represent you in court. So if your documents are incorrect or do not comply, I don't have to tell you the rest.

If you are unemployed and have no source of income, contact your state legal aid office to see if you would qualify for assistance; there are also attorney's who do pro bono work; with your situation as to your aged parents I would look into one of those options. Your state bar association can advise you of possible BK attorneys in your area who may do pro bono work. It never hurts to call and ask.

[liboton21]

What if the paralegal had a lawyer working with him? I knew one and he had a lot of BK done and lawyer goes to the 341 meeting as well but with the lawyer they can provide the legal assistance.

[Flamingo]

What if the paralegal had a lawyer working with him? I knew one and he had a lot of BK done and lawyer goes to the 341 meeting as well but with the lawyer they can provide the legal assistance.

Most, if not all, attorneys, have a paralegal or two working for and with them. It appears the person in this scenario would be represented by the attorney with the paralegal doing the work under the guidance of the attorney. I smell BK mill.

[JimKutkowski]

This is a bad idea. The paralegal walks away from bad documents and you are stuck holding the bag.

[backtoschool]

Since you are living with your parents, their income may enter into your means test, which will make the paperwork a bit more complicated.

If you are your mother's primary caregiver, and any of your bills are being paid at all by your parents, including food and shelter, then that will have to be documented somehow in your petition as well.

I think that using a paralegal is risky, because they cannot represent you in court, and it is almost like going pro se, only you are paying money to someone to fill out the forms. (which you can do yourself for free)

I think an attorney should look at your case, even if it is a legal aid attorney. At least go to some free initial consultations with attorneys before you hire a paralegal.

[JSFleischman]

If you're unemployed, get to a legal aid office. Worst-case scenario, call your county's bar association and ask if they do a pro bono referral for lawyers. And if absolutely everything else fails, call a local law school and see if they have a clinic of some sort.

Paralegals can't give advice. You need advice. This is too big of a deal to run the risk of losing the case.

[backtoschool]

If you're unemployed, get to a legal aid office. Worst-case scenario, call your county's bar association and ask if they do a pro bono referral for lawyers. And if absolutely everything else fails, call a local law school and see if they have a clinic of some sort.

Paralegals can't give advice. You need advice. This is too big of a deal to run the risk of losing the case.

You posted this twice, 15 mins apart. Are you trying to get your post count up or something?

[HHM]

What if the paralegal had a lawyer working with him? I knew one and he had a lot of BK done and lawyer goes to the 341 meeting as well but with the lawyer they can provide the legal assistance.

That is actually a violation of most states professional code of ethics for attorneys. Many lawyers lose their license by "supervising" paralegals services. If this paralegal is actually advertising or has some way communicated to you that there is some attorney involvement, but the attorney does not sign the petition, that is illegal.

Document prep services have there place, (I suppose), but make no mistake, you are NOT getting legal advice or services by going this route. You are basically on your own except that you are hiring a typist to prepare your forms.

[JSFleischman]

No, I hit the button twice and it showed up twice. I'm sure it was a browser error, but I'd be glad for a moderator to delete the second post (and this one as well if post count is a big deal of which I'm unaware).

[justbroke]

No, I hit the button twice and it showed up twice. I'm sure it was a browser error, but I'd be glad for a moderator to delete the second post (and this one as well if post count is a big deal of which I'm unaware).

I think he's just messing with you! Don't worry about your post count. Stay here a while, and the number will grow by itself.

[2manybills]

I think many people don't realize that most attorneys that have a clue have a highly skilled paralegal/legal assistant that runs the show! Where the problem may come in is when a paralegal/legal assistant gives legal advice to people. Document preparation, the daily in and outs of getting documents filed with the clerk, knowing what they will take, when they will take it and court deadlines fall under the job duties of the paralegals/legal assistants.

To the OP, you may qualify for legal aid and a firm that accepts pro bono cases, but make no mistake that does not mean will you get an attorney that is really concerned about your case. The benefit that I see is that you will have someone with you in court.

There are many successful pro se filers on this site and the key to their success is to be familiar with the local rules, the rules of court and read these boards. Educate yourself if you choose to go that route!

And my hat goes off to you for caring for an ill parent. It is a rough road. Good Luck!

[OhioFiler]

I think he's just messing with you! Don't worry about your post count. Stay here a while, and the number will grow by itself.

Some visit here and demand that no one recognize post count and the associated titles that come with higher post counts. For me it's not the count of a man's post that matters but the character of his posts.

[OhioFiler]

Hello everyone,
I am getting ready to file for Chpt 7 bankruptcy and am considering a paralegal as I do not have $2500< to spend on an attorney. Does anyone have any experience with paralegals or an opinion? To better understand my situation , right now I am my mothers primary caregiver who is in hospice. I do not get paid and moved home to help my dad so he could work. (he does not have the money to pay me or pay my credit card bills.) From the time my mother was diagnosed with cancer I stopped working my 2 jobs and stopped paying on my debt, which is around $30000 including the car I was not able to keep. SO... I have no income, no assets and alot of debt. With my situation being so simple, can I go with just a paralegal? I understand I have to represent myself in court and cannot ask legal questions to the paralegal. Any opinions/thoughts are greatly appreciated!!

I think your case is simple enough that you could buy the NOLO Chapter 7 book which includes all the forms and file yourself. I hired an attorney and now regret not having filed pro se. I could have saved $1,500.