To many responses saying, see an attorney!

[HHM]

Ok, I think it goes without saying that anyone considering BK should go get 2-4 free consults from BK attorney's. However, reminding people to go see an attorney is not the purpose of this forum and I am seeing a marked increase in members responding to posts with simply, "I am not sure about the answer to your question, but you should go see an attorney".

Let's be more attentive to giving substantive responses to posts.

[justbroke]

Is, something to the affect of answering their question, based on experienced and research, but still re-iterating (or re-enforcing) that they should talk with a Bankruptcy attorney?

[Flamingo]

There are some posters with matters so complex and complicated that only an attorney can help them out (i.e., complex business BK). Also there are some just looking for free legal advice (it's quite obvious) and ask right out whether or not they can do something. Not being legal counsel, we cannot advise them and they need to see an attorney. Even though there is a disclaimer when you log into this site, I don't believe many new posters read it and think they will get responses from attorneys. Just some observations....

[HHM]

There are some posters with matters so complex and complicated that only an attorney can help them out (i.e., complex business BK). Also there are some just looking for free legal advice (it's quite obvious) and ask right out whether or not they can do something. Not being legal counsel, we cannot advise them and they need to see an attorney. Even though there is a disclaimer when you log into this site, I don't believe many new posters read it and think they will get responses from attorneys. Just some observations....

There is no legal precedent for holding an online forum liable for legal advice when no one holds themselves out as an attorney.

My point is, to many responses are short-shrift and say, go see an attorney. That is not really very helpful.

[justbroke]

There is no legal precedent for holding an online forum liable for legal advice when no one holds themselves out as an attorney.

My point is, to many responses are short-shrift and say, go see an attorney. That is not really very helpful.

That I can agree with. If you have nothing to say or contribute, you shouldn't contribute by just posting "see an attorney". Something constructive, opinionated, but constructive, is better.

[fltoo]

Your post made me laugh because it reminded me of the response, "I can't help you, but here is a hug."

I haven't read posts from years ago on the forum, so maybe it was a commonplace response of support, but I don't find it helpful either. I can get a hug from my dog! LOL I want info when I come here.

[Flamingo]

There is no legal precedent for holding an online forum liable for legal advice when no one holds themselves out as an attorney.

My point is, to many responses are short-shrift and say, go see an attorney. That is not really very helpful.

Oh, I agree - I think some (usually newer) posters want to respond and help but don't know what to say or advise. I only advise someone to see an attorney when the situation is very complicated or the poster does not want to take any advice and keeps asking the same question because either they don't get it or don't want to accept the sitiuation and hope to resolve it on here. I think many long-term posters on here get frustrated with that. However, recently there have been postings actually mentioning in the body of the post if there is an attorney on this forum for them to please respond with an answer.

One also must remember that advising one to see an attorney no matter what the circumstance as to BK is the "best" advice anyone can give a poster, and that subject was even discussed in the past on here (that one should always advise a poster to see an attorney).

Some newer posters love it when someone comes on here and portray themselves as either a paralegal or an attorney (I've seen both) and bombard that poster with questions thinking the advice is free and legal when it usually turns out the initial poster was a troll and/or seeking to drum up business.

The best thing anyone can do is just not respond to a poster if if they are uncertain about the situation or have nothing constructive to say. Or refer the poster to do a search on here as to the topic (especially if it is frequently discussed) or refer them to the Stickys. Or ask the poster to provide more information/detail to make the situation more understandable.

[fltoo]

Not here for a really long time, but I have never seen an "imposter" here long enough to drum up business due to the diligence of the moderators.

[AngelinaCatHub]

The information provided is not and should not be considered legal advice or establish an attorney/client relationship. Nor do I promise or guarantee that the information contained on this post or any linked site is accurate, correct, complete, or current. You should seek the advice of competent counsel licensed to practice in your state to answer specific legal questions.

HHM I am a little confused. Here is your disclaimer. I have also seen other moderators insisting they are not attorneys. I believe it to be good advice to see an attorney as many (including me) have been to naive to go pro se. To dissuade a newbie from attempting to help others defeats the purpose of this wonderful forum. If all they have and know, to help another, what is the harm of the good advice to see an attorney? It is very good advice. No one here more than I, appreciated this place and I have learned so much that I feel it a responsibility to pass it on. Sometimes my answers are wrong as certainly I am not an attorney. However I am trying to help. I strongly disagree with your edict in not posting good advice, if that is the only advice a newbie has. Do we now go in fear of aiding another for the criticism of what may come from a moderator? We were all new once. There are few here that are not trying in all their hearts to aid another person. Those who spam, or are fake, you moderators are good at getting rid of. This is only my opinion. 'Hub

[b_girl]

There is no legal precedent for holding an online forum liable for legal advice when no one holds themselves out as an attorney.

My point is, to many responses are short-shrift and say, go see an attorney. That is not really very helpful.

I've seen those responses posted here and totally agree, they are not helpful, so I appreciate your pointing that out. I think some of us are a little reticent to offer advice for fear we will be held liable (not sure how though). Others speaking from their own personal experience with BK is the best thing about this forum...if I want actual legal advice, I have an attorney. As for me, I like to know how BK plays out in the real world, so I've been very thankful for everyone's input on this forum.

[momof5]

Its one thing to offer some suggestions or a decent response to an OP and then close it with a simple reminder that their attorney could probably help best.

Its another when someone only responds with a one liner of " Call your attorney"
" Talk to your attorney " etc.
Obviously the OP knows this but is looking for someone who may be able to relate to their question and provide them with some help or direction that they can use for immediate relief. It would make more sense for no response at all if its a question that just cannot be answered with some beneficial advice.

[AngelinaCatHub]

Its one thing to offer some suggestions or a decent response to an OP and then close it with a simple reminder that their attorney could probably help best.

Its another when someone only responds with a one liner of " Call your attorney"
" Talk to your attorney " etc.
Obviously the OP knows this but is looking for someone who may be able to relate to their question and provide them with some help or direction that they can use for immediate relief. It would make more sense for no response at all if its a question that just cannot be answered with some beneficial advice.

acknowledge them. Even if it is a newbie not knowing what else to say. My fear is this board becomes a fear to new members that what they may say, they may be criticized for. Then it defeats the purpose of peers helping peers. To post just to post is not what I am talking about. Dictating rules is what I fear. If that is the best a newbie can do the recipient at least is seeing a person

[holding on]

Forums are inherently about getting the experience of the other members of the forum. Unless the topic is that complex and a "hey man you really need to leave this to a lawyer" is the right response, then the ole call your attorney is indeed pointless. Worse more is when an OP says they can't reach their lawyer and the lawyer won't return calls and someone still replies with call your lawyer.

[Bandit]

acknowledge them. Even if it is a newbie not knowing what else to say. My fear is this board becomes a fear to new members that what they may say, they may be criticized for. Then it defeats the purpose of peers helping peers. To post just to post is not what I am talking about. Dictating rules is what I fear. If that is the best a newbie can do the recipient at least is seeing a person

I don't agree with it either because it does not hurt anything, then again, I don't agree with much of anything that person says that is not BK related. It is almost like saying 'AMEN' to a prayer & it does not hurt anyone.


When the day comes this place becomes so rigid that new people are walking on egg shells for fear of saying the wrong thing because someone does not like it, is the day I delete my membership.

Most people move on after they file and only a few stick around to help out & share experience. I am slowly having different opinions about this place, so I could take it or leave it at this point.

I do agree that some people just need to be acknowledged that they need help. Quite frankly, seeing an attorney and hiring one should be properly timed to not leave one with extra problems but you also do not want one hired too early, especially when you have massive medical problems to look forward to.

[justbroke]

Forums are inherently about getting the experience of the other members of the forum. Unless the topic is that complex and a "hey man you really need to leave this to a lawyer" is the right response, then the ole call your attorney is indeed pointless. Worse more is when an OP says they can't reach their lawyer and the lawyer won't return calls and someone still replies with call your lawyer.

True, all true.

However, there was a poster about a month back, who was just impatient, because the lawyer was on a week-long vacation. I'll have to agree that the usage of "call your attorney" should be tempered with the facts at hand.

No one here is going to discuss a debtor with secured creditors over $2M and unsecured creditors over $340K... in a Chapter 11. Most lawyers won't even talk to you either.

I too hope the forum remains informative.