What is the Best Way to Find a GREAT attorney for a 7?

[Fallonedward]

As I've been reading these boards for a few months it has became very apparent that hiring the RIGHT attorney is the way to have a successful outcome. I have had 3 consultations so far. Two out of the three seem to be OK but once you decide to go with them is it another story.

I'm a bit nervous at present because we had a great consult with one firm and then once we decided to use them and went in to file the 13 everything seemed to change. The attorney that we had the initial consult with told us he would be the one to handle our case yet when we arrived to file another attorney who kept telling us how he had not eaten all day and had been in court for 8 hours and then had another 4 hours of preparing 13's was presented to us as the attorney that handles 13's for their law firm. He was rushing us along and seemed miffed that I had questions along the way. Thankfully the red flags went up and we told him that we had decided to wait and would not be filing at this time.

So now having that bad experience I want to ensure that I find an attorney who delivers on what they promise.

How did all of you find the firm that you felt was great? How can you spot in advance prior to filing any red flags that might tell you this firm will not deliver on what they promise?

[newbie2]

As I've been reading these boards for a few months it has became very apparent that hiring the RIGHT attorney is the way to have a successful outcome. I have had 3 consultations so far. Two out of the three seem to be OK but once you decide to go with them is it another story.

I'm a bit nervous at present because we had a great consult with one firm and then once we decided to use them and went in to file the 13 everything seemed to change. The attorney that we had the initial consult with told us he would be the one to handle our case yet when we arrived to file another attorney who kept telling us how he had not eaten all day and had been in court for 8 hours and then had another 4 hours of preparing 13's was presented to us as the attorney that handles 13's for their law firm. He was rushing us along and seemed miffed that I had questions along the way. Thankfully the red flags went up and we told him that we had decided to wait and would not be filing at this time.

So now having that bad experience I want to ensure that I find an attorney who delivers on what they promise.

How did all of you find the firm that you felt was great? How can you spot in advance prior to filing any red flags that might tell you this firm will not deliver on what they promise?

Oh boy, it sounds like you walked in to our attorneys office :-) We had red flags all over the place but didn't listen to them. Same thing happened, set appointment and saw someone else that whined about having to drive in during a snowstorm. (This was also before I found this forum. Had I read even one day here, we would have made several attorney appointments and interviewed them instead of blindly hiring a firm.)

The only advice I could give you is to trust your gut instinct. You did the right thing by walking out of the other one and listening to what your instinct was telling you.

Also, do a search here in the "stickys". I believe there is at least one on how to choose an attorney. Others have had wonderful advice about this. Good luck to you!

[StartingOver08]

I used a small attorney office that had only one attorney and two paralegals, all of whom had lots of experience (30+ yrs). This way you do not run into the issue you had with a much larger firm.

The larger the firm handling the transaction, the less attention your case will receive AND usually the newer associates gravitate to those type of firms. Nothing is wrong with a new associate, but if your case has some complexity, you will want an experienced attorney.

When you go in for your consult, this is the time to interview the attorney to see if he is a good fit for you and for your case. Have your questions ready in advance. If he/she won't answer your questions, but continues on a 'script like' manner, then IMO, I would pass on the firm. There are some questions they will not answer during the free consult period, but you know when you are being fed a script. Look up some of the posts here on what to ask the attorney in general.

[AngelinaCatHub]

We had one that was terrible.

Suggestion: Go on PACER in your district, look at 13 (if that is what you are after) and look at the successful ones, look at the dockets that will list the attorney. Might give you an idea of someone that will do a complete job. Might be a little work but you won't use a lot of time or gas. Let me know how you do if you try this. 'Hub

[sunshinepa]

Have yet to consult with atty.........however I PM'd several forum members via PM who were in my area, asked if they minded speaking with me and after being assured they would be happy to share ino......got some fantastic responses and will be consulting some of those recommended.

[Fallonedward]

We had one that was terrible.

Suggestion: Go on PACER in your district, look at 13 (if that is what you are after) and look at the successful ones, look at the dockets that will list the attorney. Might give you an idea of someone that will do a complete job. Might be a little work but you won't use a lot of time or gas. Let me know how you do if you try this. 'Hub

Hub: I was going for a 13 but after doing a great deal of research, (on this forum) I have found that my median income is well below for a family of 5 in my state, having a home that is about $15K underwater and with hubby still unemployed, the 7 is what I would like to pursue. We have to wait till October so that the severance will not be part of the look back since that is no longer a true picture of our income.

When you go on PACER how do you know what to look for to deem them successful, great advice by the way

[AngelinaCat]

I used a small attorney office that had only one attorney and two paralegals, all of whom had lots of experience (30+ yrs). This way you do not run into the issue you had with a much larger firm.

When you go in for your consult, this is the time to interview the attorney to see if he is a good fit for you and for your case. Have your questions ready in advance. If he/she won't answer your questions, but continues on a 'script like' manner, then IMO, I would pass on the firm. There are some questions they will not answer during the free consult period, but you know when you are being fed a script. Look up some of the posts here on what to ask the attorney in general.

Hiring a small attorney office or a single practicing attorney doesn't guarantee success either. Our attorney was on her own, with a only a paralegal as an office assistant--who left midway through our experience with this attorney, and was replaced by an accountant.

The initial interview/consult was very good, and we felt that she had the experience and compassion necessary to handle our case, so we filed our retainer.

After that, whenever we had questions, her paralegal, 'Sue', was fairly good about responding in a timely manner. But when 'Sue' left, and was replaced by 'Adam', communication became non-existent, and the attorney herself was rarely available, except to yell at us and berate us whenever we did something wrong out of ignorance.

Good luck!

[Fallonedward]

Hiring a small attorney office or a single practicing attorney doesn't guarantee success either. Our attorney was on her own, with a only a paralegal as an office assistant--who left midway through our experience with this attorney, and was replaced by an accountant.

The initial interview/consult was very good, and we felt that she had the experience and compassion necessary to handle our case, so we filed our retainer.

After that, whenever we had questions, her paralegal, 'Sue', was fairly good about responding in a timely manner. But when 'Sue' left, and was replaced by 'Adam', communication became non-existent, and the attorney herself was rarely available, except to yell at us and berate us whenever we did something wrong out of ignorance.

Good luck!

Dang, even if you think you have picked a good one it can still turn out not so good. thanks for the info

[mikeinsurpri]

We did the same thing too. Interviewed a big firm and interviewed a small firm. At the big firm we met with a non lawyer and he pushed Ch. 13. At the small firm we met with the lawyer himself and he answered all of our questions and did not "sell" us anything. We went with the small firm and have been very happy so far. In fact the small firm hired another new lawyer, but we feel comfortable because the new lawyer is working directly with the experienced one. We are planning on filing in Sept. or Oct. Another way to find out about lawyers is to go to the lawyer rating sites, like AVVO, Martinsdale, Superlawyers or check the local bar for board certified bankruptcy lawyers. Amazing a year a go I had no idea about this, and after reading this forum and doing my own research I've gained enough knowledge to know what to ask our lawyer and what to expect throughout the process.

[ugghh]

Here is an idea I thought of after I had already picked my attorney.

Go to some 341 meetings and see how the trustee interacts with the attorneys and how well prepared the attorneys are. This would give you a chance to see them in action!

I went to some 341's one day and I am positive I know which one I would of picked out of the bunch.

Just a thought.

[HHM]

Ultimately, it comes down to comfort level.

Ask the attorney if he has testimonial letters (they may not contain the full names of people, but if he has some, that could be helpful). Note, it is too much to ask for actual referrals given the nature of the work.

Also, through fee considerations out the window. As with anything, when it comes to BK attorneys, you get what you pay for. This is not to say that he most expensive attorney is always the best, but the cheapest is ALWAYS the worst.

[billycool]

This is what I did.

I wanted to file Ch 7, but knew it'd be a fight due to above median income, etc......so, I called a friend of mine who's the top estate attorney in town...very well thought of and well-connected....and left him a voice mail saying please give me the name of the best bankruptcy attorney you know, money being no object and distance being no object. He sent me an email with a name and number, and it was absolutely the right choice.

My atty is not perfect. He doesn't return calls very well, and sometimes I get the feeling he's not real strong with the details. But, he has an impressive pedigree, a record of litigating complicated bankruptcy cases in court and - the most important thing! - has a very strong rapport with the trustees in the area.

Obviously, it's difficult to tell people that you're considering filing bankruptcy, but this is important, so don't leave any stone unturned. Use whatever connections or resources you might have.

[gmk]

If you know any attorneys in another type of specialty, real estate for example, you could call and ask if he can recommend a BK attorney. I found that attorneys are usually pretty good about making good referrals. Another plus is that when you call in, name drop the attorney who made the recommendation to the person that answers the phone, it seems to get you through quicker and you have something to chit chat about before you get down to business.

Edit: Sorry billcool I just read your post above wherein you pretty much say the same thing. Oh well, great minds and all that stuff.

[rmhesq2]

I don't know what state you are in, but the Chapter 13 trustee in Orange County has a list of what to look for in an attorney. You were right not to choose that first law firm you went to. No attorney should rush you or be upset if you have questions.

There are no guarantees in a Chapter 13, but a good attorney will tell you up front if you are in a position to maintain the 36 to 60 month term of a 13. Make sure you bring them accurate information about your income. I usually want at least two pay stubs. If you are trying to save a house be as accurate as possible about the arrearage. A good attorney should tell you to bring this information with you. Also, make sure you have all of your expenses listed as accurtely as possible.

Unfortunately, there is no way to be 100% sure of what will happen, but the longer your attorney has practiced in the area of bankruptcy the better. I would also ask the prospective attorney how long he has been handling Chapter 13's. They are more complicated and more time consuming than a Chapter 7

[Fallonedward]

I don't know what state you are in, but the Chapter 13 trustee in Orange County has a list of what to look for in an attorney. You were right not to choose that first law firm you went to. No attorney should rush you or be upset if you have questions.

There are no guarantees in a Chapter 13, but a good attorney will tell you up front if you are in a position to maintain the 36 to 60 month term of a 13. Make sure you bring them accurate information about your income. I usually want at least two pay stubs. If you are trying to save a house be as accurate as possible about the arrearage. A good attorney should tell you to bring this information with you. Also, make sure you have all of your expenses listed as accurtely as possible.

Unfortunately, there is no way to be 100% sure of what will happen, but the longer your attorney has practiced in the area of bankruptcy the better. I would also ask the prospective attorney how long he has been handling Chapter 13's. They are more complicated and more time consuming than a Chapter 7

Thank you for the help. I'm in Michigan and where do you think I should look to see if our trustee's have a list of what to look for in an attorney list