Hire an attorney or not...your thoughts?

[AllMyFault]

As it turns out I have a pretty "straight forward" case as described by three firms I've consulted with. These firms have ranged in price from $1,500 to $3,500 (not including court filing fees) So I'm sitting here trying to figure out why the cost spread? What does one really have over the other? Then I start thinking; well, if my case is so straight forward why not have a paralegal firm handle my filing for $200 (not including court filing fees) and worry about hiring an attorney later in the case if things turn out to get 'sticky'? I'm not really into the idea of buying a $1,300 'insurance policy' right upfront.
What's your thoughts on this?

[overit]

It depends on how you define "straight forward". Mine was straight forward compared to lots, but with self employment, inventory, and a couple of other issues, I decided to go ahead and have the peace of mind of having a pro handle it.

Could I have done it pro se? Yes?

Would I have been sick from the stress of it? Yes.

To me, given the amount that hopefully will discharge, the attorney fees were a bargain. I am still nervous, but I don't have to worry about me mis-interpreting some law, and my case getting dismissed because of it.

YYMV. Best of luck with whatever you decide!

[HHM]

In the short span of a consult, some "lawyer speak" translation needs to take place. For the most part, when a lawyer says a case is "straight forward" or "no problem"; realize that assessment is coming from the perspective of the attorney representing you, not some sort of "objective" scale of case complexity. So, the case may be "straight forward" for the lawyer, but that does not mean the case has no issues or that there won't be hiccups or problems, the attorney is merely providing an opinion that even if there are problems, they can handle it.

For example, an attorney with 20 years experience handling small business bankruptcy and complex bankruptcy cases, a case that a new attorney or bankruptcy mill attorney would not touch, may be "straight forward" for the experienced attorney because he has been down the road dozens of times and knows the issues and how to resolve them. That doesn't mean the case is easy.

[helpme2010]

I have defended myself in court before against a lawsuit that went 3 years. Having a lawyer when going to court is the greatest relief you can imagine. For bk, my attorney has removed about 90% of the stress and helped me, including with last minute problems or changes that arose. You need a good attorney first of all, and that includes asking friends and interviewing several attorneys. Bring a list of questions and see who answers them the best way.

I paid $1,300 + $300 filing fee for my attorney and my attorney even fills out the paperwork for me, thus automating that giant stack of paperwork. I then look it over and make sure everything is accurate. He also answers my call every time and speaks to me or sees me live if I request. He answers all emails within minutes. He knows his stuff inside and out.

The price I paid was an extreme bargain. He could charge a lot more and still be worth the money.

So I would say unless you want to take all this on on your own and possibly make mistakes, stop paying creditors now, save the money for the attorney and interview several attorneys.

[brokejoker]

The money we spent for our BK lawyer was well worth it for us. We didn't have working knowledge on the BK system, lawsuits looming over our heads, and assets that we wanted to keep. We probably would have been successful filing pro se, but having someone in our corner who knew the bk procedures was priceless. (To us!)

[daylate]

I would probably lean to hiring an attorney-I did but -if I had to do it over again I'm not sure I would, probably because I didn't select the right one.
If you are a good learner and like to do research and can learn from reading I'd seriously consider pro se filing. If you are more the artistic/visula type who doesn't deal well with studying and researching written word, I'd definitely hire an attorney. In either case, I'd research it as if I was filing pro se, starting with a very thorough read of the Nolo book, followed by studying this forum, asking a bunch of questions on things you don''t understand or are not sure of. At the end of the day when you interview an attorney if you decide to go that route you'll have a much better idea of if its a good match and you are getting what you are paying for. Good luck.

[debtfreeindy]

Whether or not you can competently prepare and file your own bankruptcy case is one question, but make no mistake that taking the approach that you can hire a lawyer if "things get sticky" is very dangerous. I am aware of one such person who thought that, decided he didn't want to pay a $1,600 attorney fee and instead bought the $20 form at Office Depot. Unfortunately, he was not aware of a particular exemption that covered a meager amount of cash on deposit and he lost over $3,000 that was in his bank account at the time of filing. Just food for thought.

[feelingnutsy]

I wouldn't have made a move without a lawyer---this person has your back---
and stands as a ready point of reference for all questions---both major and minor
about your case---and mine was worth every penny---he wasn't that cheap---but
he pointed out things that I hadn't considered---even coming on this board and be-
coming knowledgable---and he guided me through some very rough times.

He wasn't perfect---by any means---but considering the meltdown period that I
went through---the myriad of questions---the number of phone calls and meetings
at his office---and the ultimate amount discharged---he was an excellent investment.

[rustymich]

I feel I could have without one but wouldnt have,creditors call you tell them your filing they ask for your attorney,the attorneys do this for a living the good ones no what there doing and what to exempt,And the main reason was the stress level though I spent alot of time going over the numbers and showing them they no the laws,I feel you look better in front of the trustee and again less stress thats worth it there to me if you can scratch it up pay...

[nokia123]

My friend is filing pro se, and wish she could afford a lawyer, but she is taking her time with the paper work and I let her take a look at some of my paper work to use as a guide.

[SunshineGal]

Our attorney saved us more money than what we paid him.

[discouraged]

Exactly my thoughts, SunshineGal. I cringed when I first heard the numbers but after putting together the numbers they would help me get rid of, the price seemed very small indeed in comparison. And the sense of relief, the knowledge that they know what they are doing as compared to my ignorance of the procedure, is priceless.

I fee I was/am lucky as I took the advice of the forum and auditioned lawyers until I found a firm I felt comfortable with. Yes, there has been more interaction with the paralegal and the law clerk than the actual attorney, but each question has been answered and they have held my hand through each step of the way.

My 341 is APril 1st (yikes!) and I am confident that we all have our ducks in a row and I can count on them to help me see this through.

[Jacey]

Once I had some initial consults and figured out the system (before I found this forum), I was actually kind of sorry that I used an attorney. The paperwork in my case was easy, and I had to correct it so many times that it would have been easier for me to do it myself. I'm sure it would have been more stressful to know that I was on my own, but I can take some stress for that kind of $$. My case seems to have been simple and is (knock on wood) going as they usually do, so I might be singing a different tune if I had one of those trustees I read about on here...yipes! Mine was sweet, logical and did things by the book. Questions I had for my attorney were better answered on this site, so I get the feeling he doesn't have much experience with this. (It doesn't appear he was trying to learn any thing, either!)

[daylate]

As we were waiting for our 341 at least two people met their lawyer for the first time-I'm assuming they met with the name guy first, were pawned off on a paralegal (not that there is anything wrong with that if the paralegal is experienced) then the junior shows up for hand holding at the 341. When I got the sense that was how one firm I talked to operated, I passed-and their fee was $500 higher.

My thought is if I was doing this all over from square one( I'd contact trustees and see if any of them actually handle cases (i think some do) and either hire them or ask for recommendations. Most of the heavy advertisers left me unimpressed.

I'd try to find someone like Des.