Hiring my atty soon but has some questions...

[OutofTime]

This attorney I may go with stated that she will help me with the whole process in filing but her firm will send someone else in my 341 meeting to repesent me. Is this a bad thing, she claims to save me on hourly costs her firm sends someone for the 341 meeting. Also, is it normal to come out of a consult like the attorney only says things you want to hear? My case is a simple one according to her but maybe I just worry too much.
Anyone here had a hard time choosing who to represent you for ch 7?

[momofthree]

Most firms have a flat fee for representing you. How much are they charging you and how much do they claim to save you by sending someone else during the 341?

[OutofTime]

Their quote plus file fees in CA comes to 2200.00 and she mentioned how she was giving me a low price for it being a simple case no asset. I just hear it's good to have your atty during the meeting and it may sometimes make a difference in how the trustee and judge treat your case by who represents me. I had a good feeling but this was only my second consult I've gotten.

[momofthree]

That sounds high for a chapter 7 to me (I'm in CA too), especially if the attorney won't even be there for the 341. How many attorneys have you interviewed? If you truly have a simple cut-and-dry case, then I'd look for a less expensive attorney, and one who would commit to representing me on all levels--including the 341.

[OutofTime]

I've interviewed 2 so far and both are about the same price. I agree with a simple case I'm sure I can find a good atty for a lower price but I'd also want one with plenty of experience in my area. Then again the Inland empire is so busy that a simple case like mine would go smoothly and a paralegal could probably do it.

[mtbc]

I'd be curious about who they will send for your 341. Someone who is licensed to give you legal advice? And who is familiar with your case?

It's good to be clear about what the role is of your lawyer at your 341. My impression so far is,

1. mentioning changes in debtor's circumstances before the questioning got started
2. bringing along paperwork and providing relevant parts to the trustee if they come up
3. a bit of horse-trading with the trustee
4. saying "yes, we'll do that" when the trustee wanted something more or thought something needed to be done
5. helping to explain weirdnesses in what was said in forms

The actual questioning will largely be directed at you, not your lawyer. The lawyer probably won't even off-the-cuff know the answer to most of the questions unless they've been remarkably thorough with you. Many of the 341's I saw, the lawyer didn't really have to say anything substantive at all. In my opinion, at least one of you -- either yourself, or the person they send (preferably both!) -- needs to know how your circumstances were turned into what they wrote on the forms. The trustee often scans over the forms and asks about items that catch their interest, and there should be ready answers. That's just my two cents, though, I am not a lawyer nor am I an expert.

[HakunaMatata]

It appears this attorney is offering a la carte services. Has she offered a cost breakdown? I'd be concerned other costs could arise (ex/ fees for calls, a high fee to amend schedules, etc.).

Regarding the 341...my attorney basically introduced me and stated his name. The Trustee posed questions -all of which I successfully answered without assistance from my attorney. My attorney was wonderful; although, he simply served as a friendly face during my 341.

[liz417]

I'm in Calif too and those fees sound resonable. I consulted with 6 attorneys and it seems that firms tend to "send a jr attorney" to represent you at your 341 is standard practice here. At my 341, I saw a lot of "jr attorneys" with clip boards calling out their client's names and rounding them up, it was important to me to have MY attorney present, so that was on my "list of questions" when I consulted the attonreys.

P.S. Mine attorney was $2k total.

[OutofTime]

thanks all for chiming in and good to know it's not uncommon for your main atty not being there for the 341. From reading the forums, as long as I'm honest and my paperwork is solid, this meeting should go through smoothly but just the pessimist in me thinkin how bad things can get. If it wasn't for this forum, I'd probably be at the mercy of these attys by not being prepared what to ask for. Experience goes a long way and I hope to be sitting in your shoes soon getting discharged and startin fresh.