Choosing an attorney

[alorth]

I am really having some trouble deciding what to do about this.

I have 2 choices as of right now, and not a lot of other avenues to pursue.

Atty #1. Fairly rude. If you've read my recent posts, this is the one who brings up sinning and the fact that forgiving debt is in the Bible and Constitution so BK is good. Handles a lot of cases as I can tell by looking at he court's 341 schedules and the judges' calendars. Does not use paralegals to prep...does all work himself. Takes phone calls for questions. Very smart (I just know he is, take my word). Will field creditor calls. Has been practicing about 16 years, and should be around a good long while. Well known in this town.

Att. #2. Nice guy on the phone, but haven't met in person yet. Was very free with the time he spent on the phone with me in our interview, and said he'd be happy to represent us. In fact, HE called ME back when he wasn't available when I first tried to contact him. Doesn't advertise, as he has a 40+ year old practice of his own and plenty of clients...his schedule is very full. Is a BK specialist....holds seminars and teaches other attys about BK. Represents TTs in some cases and motion filings, but does not appear at all the dockets for any regular debtors like us, and I don't think he actively seeks to rep debtors anymore. Is ABC certified, and has high AVVO rating, while the other guy is NOT certified, and isn't rated as highly with AVVO. Is very intimate with the BK judges and trustees around here...not sure if that will help us or hurt us. He does COST more, but also says he doesn't use paralegals, and does all the work himself. May retire before 5 years of BK13 is up...not sure about that as he is in mid 60's and been practicing around 40 years.

Any thoughts, folks?

[Okieblue]

Um, think I'd go with the first one.

[scorpion35]

i'd shop around a little more

[alorth]

Do you think the fact that the 2nd attorney actually reps one of the local TTs in hearings and motions could be a bad thing for me...hypothetically?

Maybe like a conflict of interest?

[Panacea]

For what its worth....I went with the one who irked the crap outta me! He was sorta cold, not rude, but close to it. Very cut and dry, told me everything straight up and with no softness. I walked out of thinking thinking he didn't care about me or my situation at all. After a few more meetings with other lawyers, I was still intrigued by the hardass first one....so, I started asking other local BK lawyers about him. They all had the highest regard for him. He'd been doing this for many many years, and no longer even has to take clients. One said he usually only takes clients now whose cases are straight forward. Loved hearing that! I think in the beginning, I was looking for someone to "feel my pain" with me. Well.................not him!

Anyway, the more I met with him, the more I liked him. No bullshit, no worries. He just cuts to the chase and lays it out no matter how hard it is to swallow for me. No time for my emotions, WHICH IS GOOD! I only got teary eyed once, at the second meeting when talking to him and he said "Are you crying? THERE'S NO CRYING IN BANKRUPTCY!" (line from a movie)....which totally cracked me up! I decided right then and there I'd made the right choice!

[Flowers]

if you have a case that is more complicated than others, I would go with the lawyer who can be as strategic as possible.

[Pandora]

I'd go with the attorney who will take the time to answer EVERY and ANY question or concern you may have, no matter how "stupid" you think it is (or them for that matter). If an attorney is understanding to your plight and not condemning it will make it easier in the long run. You want someone that will provide answers for you (via paralegal or attorney themselves) via email or phone call and withing 24-36 hours at the longest. You need to make sure that YOU understand everything and anything about your case and if not - that attorney will ensure you do, representing you to the utmost ability.

Our attorney has made me cry and once yelled at me for asking a question I wasnt understanding - I yelled right back and told him I wasnt a 5 year old so didnt appreciate being talked to like I was, that we were paying him to represent US to the fullest, and that included calming my fears and any areas I didnt understand or was unsure about. His attitude changed pretty fast and he apologized, telling me he understood that we were under alot of stress and the emotion of filing BK, but to trust in him - that I needed to look at things from a business perspective vs. emotional one. So, I had to flip it around and look at it the way he told me - it worked. ;) On another note - in regards to the 1st attorney who brought the bible into it - I'd say dont discount him so quickly..... our attorney said something very similar and even recommended a book for us to read that had Scripture in it. I think that made him more "real" to us and understanding.

Bottom line becomes that most attorney's are...(how shall I put this soas not to offend any attorney's on here...?) uh - less inclined to view things from an emotional side and are more analytical in their thinking, in my opinion. Doesnt mean they arent in-tune with emotions - sort of like a math or science teacher vs. an english or theater teacher - 2 teach from the analytical and 2 from emotional. Make sense?

Although I think ol' Despritfreya is a softie who just doesnt want anyone to know LOL

[alorth]

Thanks for the analysis, Pandora. I agree, it is hard to separate the emotion from the purely business aspect of bk.

I think the 1st guy may assume we are more religious than we are, though we are by no means atheists or agnostics.

He also brought up Dave Ramsey...asked if we listened to him, and then likened what he did for clients to what Ramsey preaches, though I know that even though Dave Ramsey filed BK when he first got into financial trouble in his life, he now preaches steadfastly against BK. I didn't understand why he was comparing like that, other than maybe he felt my strong desire to do anything I could NOT to file, and thought I might be getting that attitude from being a Dave Ramsey follower. Though I have listened to him, I am hardly an acolyte to his methods, though I'm not saying they're terrible either. I'm just saying we don't consider Ramsey as the Be All and End All of advisors.

[Pandora]

alorth...

agree 100% - I think Dave Ramsey is too preachy and he forgets how he was and is able to "live like no one else" BK got him there.... and well, the rest is history. His ideas are good but to charge people for them...well.. I wont go there as I know there are many Dave loyalists reading. I admit I did buy his TMMO book a few years ago, thinking it would be something much different than what we were already doing - but it wasnt. Was a waste of my money thats for certain.

If anyone wants my copy (its been read only once) PM me and I'll send it to you for free - my dime. First come first serve