Is it a good thing to have a BK lawyer that is also a Chap7 trustee?

[Pjmax]

Had two first consultations last week. I'm feeling that I should shop around a little more. Right now it's just that little voice in my head that's leading me to question the first two, nothing concrete, just an instinct.
Anyway, we have a small pool to choose from here and one that I'm looking at is also a Chapter 7 trustee. I can think of a number of reasons why this could be both bad and good, but I would appreciate some opinions on this.

[AngelinaCat]

We wish we had gone with the attorney in our area that is also a trustee, instead of the one we did select. I think our case would have gone much smoother, and we would not have had all the mistakes that our attorney led us into...

Good luck with your selection.

[pamkev]

I wondered the same thing. The lawyer we chosen works in the same office (firm) as a TT so I thought she should know her stuff so that's why we went with her. The were the only two who do bankruptcy in the firm. We shall see if we made a good choice or not

[Pjmax]

Thanks AngelinaCat, every bit of insight helps.

Pamkev, Thank you, keep me posted. Hope it works out for you.

[tobee43]

one of the MAIN questions we asked during our "free" consultations was what type of relationships does this firm have with trustees in this district. it's important they have a relationship, at least it was to me. i was happy we went with the atty we did, as when a question came up the trustee said to our atty we will discuss it over lunch. i'm good with that!! if they break bread together then they know each other well enough to speak freely. that, just makes or made us feel better about it all.

i would go with the trustee, he/she will know exactly what is expected of the courts.

[jst4f]

You want an experienced attorney that knows the BK laws and the local TTs. I don't think it matters if they are a TT or not as long as they have a professional relationship with the TTs. Our attorney knew all of the TTs and their MOs. Now if you have a complex BK or a specialized BK , then you want an attorney that specializes in your type of BK. In our case, our attorney specialized in real estate investment BK and timed our BK to be with a specific TT that understood real investments. As a result, our BK went very smooth. Keep interviewing until you get the attorney for you.

[Pjmax]

Thank you Tobee43 and Jst4f, I will call tomorrow for an appt.

[HHM]

BK attorneys who are also trustee's are not "inherently" better than those attorneys who are not. A trustee can still provide crappy service and on "close" call issues, may not make an argument that might jeopardize a contrary position they would seek "as a trustee."

Think of being a trustee (as a BK attorney) like a marketing ploy. It is a basis to charge higher fees, but not necessarily do more or "better" work than anyone else.

Go with your gut feel after MEETING with various attorneys.

[Pjmax]

Thanks HHM, after the first two consults, my 'gut' said keep looking. I'll let you all know how this one goes.

[HHM]

Keep in mind when looking for an attorney. In reality, the most important thing to you, (whether you realize it at this point) is "service", not necessarily expertise or price.

Most attorneys who have been doing BK's for 1-3 years, can handle most routine issues. If you have something complex, then you might want to dig a little deeper.

The thing is, most people don't hire professional's that often, so they don't understand how to work with a professional and how a professional "should" work with you. The attorney WILL NOT be at your beckon-call. However, they should have a system in place to deal with concerns. So good questions to ask are...

When I call the office, how is the call handled.
If I leave a message, when will the call be returned.
Do you allow emails (it is actually NOT a bad thing for them to say no; you just need to establish how communication will take place).
If emails are allowed, when are they returned.
What is the process of preparing the case.
Will I meet with you (or an attorney) to review the petition before it is filed and ask questions.
When I drop off my documents, what happens next, or how does that work (do they set an appointment right then and there for you to come back to review the petition, or do they say, we will call you when its ready).

Those questions illicit how you can expect to interact with the firm or attorney. The more precise the answers, the better.
If the attorney says, all calls are returned by 4:00pm (that is actually NOT a very good system, most attorneys state that, but what is the #1 complaint, lack of communication). you would ask...who returns the calls (the attorney or paralegal), the answer doesn't really matter, most of the time, the paralegal CAN answer your questions and get you information more quickly than waiting for the attorney to return your call.
If the attorney says...when you call, if no one can answer question when you call in, we set a specific time (appointment) to call you back. That is a very efficient attorney. That person is putting an appointment on his calender to call you at a set time when you and he are available to answer your question. (hire that attorney )

What you are looking for is an attorney with a SET system in place to handle communication and petition preparation that is very predictable and as "closed" ended as possible. Meaning, things are not left open ended, every step in the process naturally creates a deadline for the next step and so forth. The best rule of thumb is to find an attorney that says...no one leaves this office without some sort of return appointment (either in person, or over the phone) until the case discharges.

[Pjmax]

That's a BIG help, HHM. I've read things on 'what to ask on first consults', but most are written by an atty. on his/her own website. It's good to hear from someone without an agenda, other than to help me out of course. Thanks.

[Pjmax]

Had my consult appt. with attorney 3 (the trustee). Had great answers to my questions, is very efficient, organized and in general, a non-nonsense kind of guy. I will be meeting with him again. It looks like I should be able to file in a couple of weeks. (I'm an easy, no-asset case, for anyone not familiar with my posts.)
Thank you all for your help, I'm glad I decided to keep looking. I feel good about this one.

[AngelinaCat]

Congratulations!

[ValleYum]

Yay for you, Pj! Good news and I am sure you are glad to find an attorney you feel good about.