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New to all this so don't laugh. =P

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    #1

    New to all this so don't laugh. =P

    I called my attorney for the first time since my consultation to get more information. He wasn't in so they are having his para-legal in bankruptcy call me back to answer questions. Is it normal to be dealing with the para-legals through the process more so then the Attorney? If so what was the point in interviewing them if they have other "assistants" handle you.

    Just making sure this is normal, and do you ever get to directly work with the Attorney again?!

    Thanks
    Filed 10/20/08
    Discharged 1/27/09
    Tags: None
    #2
    Paralegals assist attorneys and gather/glean information along with a myriad of other legal duties. They cannot provide legal advice to you. The information they obtain from you is organized and presented to the attorney to review with you.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006
    "A credit card is a snake in your pocket"

    Comment

      #3
      No one will laugh at any question you ask - this is a safe haven, so ask away.

      I definitely spent 2/3 of my time with the paralegal, unless I scheduled a time to ask the attorney questions separately (ours was a complicated case and I had lots of questions). The paralegal made quite a few mistakes on our petition, and the lawyer didn't correct them when we did our final review of the paperwork.

      The thing to remember is that you will be asked if *you* prepared the petition with the advice of your attorney and if *you* testify the information is true, complete and accurate. Think of it as you would filing taxes with a tax preparation service. They do the paperwork, but ultimately you are responsible for the information on your petition.

      Take the time to understand your petition and make sure the contents are accurate. Use real numbers wherever possible (use receipts and actual payment amounts for expenses) and avoid estimating. At your 341 hearing, questions about the calculations and information in your petition will be addressed to you and not your attorney.

      Good luck!

      Comment

        #4
        I had some basic questions on costs and so on. I lost the paper with that information on it. The Attorney also told me I could pay a smaller portion upfront to get the ball rolling so to speak and get some numbers together. I also was hoping at this time be able to direct the creditors to their office. So far I have not been called back so I am waiting by the phone here.

        Is this normal stuff the Para can answer?
        Filed 10/20/08
        Discharged 1/27/09

        Comment

          #5
          The paralegal should be able to answer basic questions and be able to give you a duplicate of the sheet with the fees and other info on. Also since you have retained the attorney--uh, have you? If you have you can direct incoming calls from the creditors to the attorney's office.

          Good luck!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            Originally posted by AngelinaCat View Post
            The paralegal should be able to answer basic questions and be able to give you a duplicate of the sheet with the fees and other info on. Also since you have retained the attorney--uh, have you? If you have you can direct incoming calls from the creditors to the attorney's office.

            Good luck!
            Mine seems to have problems with basic questions.....
            E-mails are tough, too. And I write in english with BIG LETTERS

            Comment

              #7
              Surprise! <-------- thats how we felt when we found out that the only time we would meet with the actual attorney was during our consultation! Since then its been the paralegal for everything. The worst part about it is that she never has any answers. This is now on my list of questions that I advise new BK filers to ask. Will the attorney or a paralegal follow up?
              5/29 Filed 7~ 341-on 6/24
              8/27-DISCHARGED
              11/2 - CLOSED
              EQ-604 EX-605 TU-560 ~4.5 months after discharge

              Comment

                #8
                AAAARRRGGGGHHHHHH!!!!!! Maybe our ******** attorney and her assistant isn't so bad after all?!

                Sheeesh!!

                Can't win for losin'
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment

                  #9
                  Actually, our original paralegal was quite good and efficient. Called back promptly and answered question. We didn't get rat squeeze out of our lawyer. The paralegal moved and a new young man took her place. Gawd he is bad, and I get no response from either he or the lawyer. 'Hub
                  Last edited by AngelinaCatHub; 07-22-2008, 04:23 PM.
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment

                    #10
                    Our original consultation was with the attorney, then we met with the paralegal and worked on paperwork and she gave us the run down of how things will go. She is smarter then heck and even though, sometimes she doesn't answer the phone when we call, she call back in a responsible time frame. Our attorney told us when I commented on how much help she had been to us, he told me all his clients love her and she was a huge asset to his practice.

                    From other threads it seems most of us deal with the paralegal. I guess we are just the lucky ones to get one who honestly should be an attorney.
                    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

                    Comment

                      #11
                      Laugh at you??? I didn't know the difference between chap 7 and 13 when I got here.

                      Comment

                        #12
                        One of my first consults with an attorney was over the phone. I found an ex-BK judge on the net and called her office. I never got to speak to her and the paralegal kept running to her and asking her questions. I was so turned off by the whole process.

                        My attorney answers or returns my calls and did my BK paperwork himself, although he did "send it out" to have it typed. I am on pins an needles waiting for it to arrive as I need to file ASAP.

                        I dunno. It may be normal but it would sure make me uncomfortable. On the other hand, if he is on vacation, then it is better to have someone call you back than no one at all. Sounds like you haven't had enough interaction with the firm to know if this is the norm for them or not.

                        Good luck to you,

                        ep
                        California Bankruptcy Central

                        Comment

                          #13
                          Every law office and every state has different standards for a "paralegal". Most states do not require any certification for someone to be called a paralegal, mainly because anything they do falls under the umbrella of the attorney, so it rests on the attorney to make sure his staff is qualified. As a certified paralegal myself, I have worked some phenomenal "non-certified" paralegals as well as some absolute, idiotic, ones as well. The way I see it, the attorney sets the standard for the office and if the staff is rude and incompetent, well the apple doesn't fall far from the tree.

                          Good Luck
                          Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                          Comment

                            #14
                            Been a month but I thought I would update. I never got a call back from anyone, I finally got an email from the attorney two weeks later, but it didn't answer many questions. He seemed fairly personable in the consultation but now I am wondering what the point of those really are? The only good thing is no one has gotten a dime from me and I am sure I will be filing. But I am kind of confused on what to do next as I have no one to help me! I really wish I had a referral from a friend or something I could trust. This completely makes BK stressful as heck
                            Filed 10/20/08
                            Discharged 1/27/09

                            Comment

                              #15
                              Originally posted by Mark80 View Post
                              Been a month but I thought I would update. I never got a call back from anyone, I finally got an email from the attorney two weeks later, but it didn't answer many questions. He seemed fairly personable in the consultation but now I am wondering what the point of those really are? The only good thing is no one has gotten a dime from me and I am sure I will be filing. But I am kind of confused on what to do next as I have no one to help me! I really wish I had a referral from a friend or something I could trust. This completely makes BK stressful as heck
                              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                              Comment

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