Anyone with experience

[Hause]

I've spoken to a few lawyers, and wanted to ask if yoexperience hem as your lawyer. Aren't they ultimately responsible for any mistakes or errors with the paperwork being submitted?

[philslyn]

Generally we hire a lawyer to do the legal stuff for us, because they are more experience than. If mistakes is due to a client's fault, such as forgetting to mention or declaring things that are related to the matter, then i guess you should feel responsible. However as a lawyer they are suppose to ask every single thing needed from the client. so i guess i would say lawyer is totally responsible, that's what they are paid for, to do the job right and figure things out that a client couldn't.

[justbroke]

I've spoken to a few lawyers, and wanted to ask if yoexperience hem as your lawyer. Aren't they ultimately responsible for any mistakes or errors with the paperwork being submitted?

Attorneys have a professional oath to uphold. If they make any sort of scrivener's error or missing a deadline, the attorney should fix the problem at their cost. However, if they file and are unsuccessful at getting a particular piece of property exempted, and it's not due to an "error" but just that no exemption covers the property, I don't see them paying you the value of the property. I don't see it as an "error".

Just as I have Errors and Omissions insurance (or professional liability insurance), attorneys carry it as well for when they they truly make an accountable error. The key word is accountable.

What is your real concern? For typical typographical, scriveners or "excusable" errors, the attorney just amends the particular schedule/document and refiles (and pays any fee that may be required).

[Hause]

I am just starting to talk with lawyers, who are saying that they basically put everything together for you, but ultimately when you sign the paperwork you are wholly responsible. I thought that the Nolo chapter 7 book stated that the lawyers bear full responsibility for the paperwork Being correct since the laws changed in 2005.

[justbroke]

There is a difference between professional responsibility and "clerical" (scrivener's) errors and other things beyond their control. They call it "practicing" law for a reason, since law is subject to interpretation and... litigation! You can't hold an attorney responsible if your particular assets had unknown or undisclosed problems like lien or fraudulent conveyance issues!

I think that you may be applying what the Nolo book is trying to convey. Attorney's always have and have had a professional and ethical responsibility. They will never be "fully" responsible for the bankruptcy paperwork since it is a reflection of what the debtor communicated to them.

[AngelinaCat]

In the Bankruptcy sense, you the client, are fully responsible for everything that is on your paperwork that you have signed off on. After all that is what you swear under oath "to be true and correct" when you testify under oath to that question at your 341 meeting.

And, unfortunately, you have to stay on top of some of them to make sure that they and/or the paralegal gets it correct! Fortunately that is not true of all.

[btbeme]

See, here's the deal...

While I agree that an attorney should be diligent in confirming the paperwork is correct...the fact is the name on the filing is yours, and the legal responsibility is yours, and the Trustee will hold you responsible regardless of the mistakes. As ACat points out, your autograph provides absolute and legally binding witness to the paperwork's veracity as submitted.

Do mistakes happen? Yup... Misspellings, fat-fingered typing, late nights before a deadline - all of these can produce mistakes on the paperwork. Incompetence, impatience, incorrect info provided, half-truths - all of these can contribute to improper filings as well. Point the finger wherever you may, but the Trustee points to YOU.

So make sure your paperwork is in order, and you can explain clearly for all to hear what is in print within, because (as trolling these forums will tell you), Honeybaby, the paperwork is the least of your concerns. That part is easy to identify and fix before filing. Insist on it.

Explaining what ISN'T listed is much more difficult.