How to Choose a Lawyer?

[13in2010]

Ok, I went to see a lawyer and figured that he was the one because I figured one BK lawyer would be the same as the next. DH was smart enough to say that he'd like to interview 2 more. So I've made the appt's.
But what made you decide on yours? What should we be looking for? I honestly have no idea. Oh, and if it makes a difference, we'll be doing a 13.

TIA.

[HHM]

This is a descent article on the subject

http://askmethner.com/?p=609

[Depressed]

I've meet with two so far. Even started a thread last week about how bad of an experience it was. Meet with another today. Much better, day and night difference. It'll be $400 more expensive to go with #2, but he seems worth it.

I had originally thought I'd interview 3-4 total, but I don't think it's necessary now.

[LookingAhead]

I'm not really sure. We (or I - my husband was only able to go to 1 consultation with me and I am smacking myself for letting that happen now as he has no others to help me compare to) met with 4 lawyers.
I easily ruled out the first one I met with (who I almost just settled and went with). He was more expensive, accepted no retainer fee, payments and I would meet with someone else to do the paperwork with rather than him.
The other 3 were a bit more difficult to decide between. The 4th was who I wanted to go with from the way our phone convo went, but I got a weird feeling when I met with him... He told me he came from the 2nd group we met with, but at the same time telling me that he was kinda bad mouthing them and stuff. (hubby went to #2 with me)
Needless to say we are going with #3. Only thing that's swaying us towards him is that he said he would be at the 341 with us where #2 said one of the lawyers would be (we should have a pretty smooth sailing case, but we are purchasing a new car to get by on as soon as we get our tax refund, so thats a $2K purchase that it would be nice to have someone who knows our case well by our side jic). I don't know what's standard, but I also e-mailed him with a couple other questions late one night a couple weeks after I met with him and he answered before 9am the next day. That impressed me, so we are going to go ahead and retain him on Friday.
Good luck, for me it was a pretty hard decession, but for sure meet with more than 1 or 2! I almost went with the first because at first he seemed good enough and I know someone who did a ch 13 with him, so I assumed... Glad I didn't though.

[espo1357]

I looked at years in practice and talked to a few friends.

You really have to network on this. I was covered under my prepay legal, so it only cost me the filing fee and house appraisal.

[SMinGA]

I chose our attorney - he was willing to answer my questions on my schedule. Did alot of email back & forth and then was able to meet with us in the evenings when I was ready to actually get things started. He is easy to reach by phone or email - and he does not require all of his fee upfront.

Originally quoted me as $400 upfront plus $400 court fees, rest in the plan. Ultimately he just had me pay court fees and put all of his into the plan. I think the ones who require 100% payment upfront should be avoided. They have no incentive to keep working with you...

[HHM]

I chose our attorney - he was willing to answer my questions on my schedule. Did alot of email back & forth and then was able to meet with us in the evenings when I was ready to actually get things started. He is easy to reach by phone or email - and he does not require all of his fee upfront.

Originally quoted me as $400 upfront plus $400 court fees, rest in the plan. Ultimately he just had me pay court fees and put all of his into the plan. I think the ones who require 100% payment upfront should be avoided. They have no incentive to keep working with you...

I have to disagree. Requiring 100% fee upfront is actually preferable. Reason being, then there is no conflict of interest to keep working for you. First, attorneys that roll their fees into the plan seem to me more desperate. Second, if something changes in your plan, or if you don't make your payments, your attorney hasn't been paid, so now he has a conflict with you to continue working for you.

[SMinGA]

I guess I don't quite understand HHM.

If the fee is all upfront, what motivation do they have to keep answering questions, working the case after the initial? They know you don't have $ to afford additional costs.

My logic - not based on legalities as I'm no expert there - is when part of their fee is in the plan they have a vested interest in making sure the plan succeeds. Meaning it is realistic, accurate, meets BK guidelines, etc. If the case gets dismissed, they become another unsecured creditor right??

[HHM]

First, whether the plan actually succeeds is beyond the attorney's control, that is in the client's control, the attorney cannot control whether you write the check.

Also, there are checks and balances in the bankruptcy system, and the legal system, regarding fees. An attorney that would take money and not do work would not be in business long. I understand your concern, but that can be said about anything (it is really a phantom risk). You have to pay for milk at the grocery store before tasting it, right?

I am not saying there is no merit to your concern, but I am providing a different perspective. Here is the problem with rolling fees into the plan; let's say you get laid off before confirmation of the chapter 13, or lets just say you are lazy and don't make your payment, now the attorney needs to do a bunch of work to save the bankruptcy, convert to 7, or whatnot, but he hasn't been paid for the work he has ALREADY done. Now he will definitely not do any work because there is no way for him to get paid.

I am merely taking issue with your statement that you think the attorneys that get paid up front should be avoided. That is not the case; from a legal perspective, they are actually doing their clients a favor because it eliminates and inherent conflict of interest; also, the attorney can take borderline cases and push a questionable chapter 7. Also, paying upfront is a quasi way to qualify a person for a chapter 13, if a debtor cannot come up with the money to pay an attorney up front for a chapter 13, the odds of that person successfully completing the 13 are slim.