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Which attorney should I hire? Plus lawsuit question

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    Which attorney should I hire? Plus lawsuit question

    Hi all! Well, after my bad consult on Tuesday, I've spoken to two other attorneys. I basically covered all of the same ground with both, but one called it a phone consultation, the other scheduled the free consultation for next week (I'm not sure why since we talked for 45 minutes!). I'm not sure if I should even keep the consultation appointment, as I don't know what other info he would be able to give me prior to us filling out all of our paperwork. So now I'm trying to decide which one to hire.

    -Both attorneys pretty much answered all of my questions the same way, (I put some details from that in my blog) and I felt equally comfortable with them. One said his fee would be $1500-1800, the other said $1000 and his office is actually 20 miles closer to where we live. Both have a lot of experience, the first has 20 years, the second has 30 years. Seems like a no-brainer that we should just hire the less expensive, closer attorney. I guess I'm just really nervous about actually picking someone, and hoping I don't make a bad choice!

    Do you think that the one charging so much less seems odd? Sorry. Seems like such a stupid question...

    Should I keep the consultation appt on Wed, or just pick one to hire and get started? I've googled both and didn't really come up with anything, so I don't know how to go about finding out how good they really are. I guess it's gut instinct?

    As for the lawsuit question. We have been making small payments to our 10 cc's since June of 08. Should I keep making these small payments hoping they won't sue us before we can file at the end of April, or should we just not pay them at all anymore? I'm not sure how long it would take for them to sue & garnish wages if they started the process next week for instance. I guess I should've asked these attorneys about that. Any input is greatly appreciated.
    BKForum Blog: The Journey

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    #2
    Originally posted by Trixie007 View Post
    Seems like a no-brainer that we should just hire the less expensive, closer attorney. I guess I'm just really nervous about actually picking someone, and hoping I don't make a bad choice!
    It's always un-nerviing before pulling the trigger. What's most important is who you feel will represent your interests best in the bk - not the fee amount, and not the location. And I would recommend keeping the third appointment to get one more set of questions answered. When you buy a car, do you just look at two, then buy one of them? You need to kick the tires and test drive a few to find out what's going to meet your needs the best. Picking a lawyer is no different.

    Do you think that the one charging so much less seems odd? Sorry. Seems like such a stupid question...
    It's not a stupid question at all. It is interesting that one is charging almost half what the other is, and they are both very experienced. Maybe getting the third consultation will help - ask during the meeting what this lawyer charges and why do some area bk lawyer colleagues charge so much more or less.

    Should I keep the consultation appt on Wed, or just pick one to hire and get started?
    As I said earlier, I'd keep it.

    We have been making small payments to our 10 cc's since June of 08. Should I keep making these small payments hoping they won't sue us before we can file at the end of April, or should we just not pay them at all anymore?
    If you are sure about filing in April, then there's no reason to keep paying unsecureds like credit cards between now and then. The creditors can't get you into court to get a judgment against you that fast.

    Unless the dollars involved are big (like over $10-20K), the creditor is local, or there's a personal grudge between yourself and the creditor, it costs creditors to file judgment cases quickly enough to get a court date set within three months. If the return isn't well worth it, 99% of creditors won't even consider going to court until after at least 5-6 months trying to strong-arm you into paying them something. We've had members who haven't been taken to court by creditors after a year and a half.

    Your bk lawyer (once you hire one) can tell you what's best to do in your specific circumstances.
    Last edited by lrprn; 01-10-2009, 10:37 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I interviewed six attorneys before choosing. The prices were: 1000, 1250, 1500, 1500, 1600 and 2200. I choose the 1250 because he really seemed to know what he was doing and also was a personable person. In addition he allowed me to pay 625 before he filed with the other 625 due at my 341... Really helped out.

      Comment


        #4
        Originally posted by Trixie007 View Post
        Hi all! Well, after my bad consult on Tuesday, I've spoken to two other attorneys. I basically covered all of the same ground with both, but one called it a phone consultation, the other scheduled the free consultation for next week (I'm not sure why since we talked for 45 minutes!). I'm not sure if I should even keep the consultation appointment, as I don't know what other info he would be able to give me prior to us filling out all of our paperwork. So now I'm trying to decide which one to hire.

        -Both attorneys pretty much answered all of my questions the same way, (I put some details from that in my blog) and I felt equally comfortable with them. One said his fee would be $1500-1800, the other said $1000 and his office is actually 20 miles closer to where we live. Both have a lot of experience, the first has 20 years, the second has 30 years. Seems like a no-brainer that we should just hire the less expensive, closer attorney. I guess I'm just really nervous about actually picking someone, and hoping I don't make a bad choice!

        Do you think that the one charging so much less seems odd? Sorry. Seems like such a stupid question...

        Should I keep the consultation appt on Wed, or just pick one to hire and get started? I've googled both and didn't really come up with anything, so I don't know how to go about finding out how good they really are. I guess it's gut instinct?

        As for the lawsuit question. We have been making small payments to our 10 cc's since June of 08. Should I keep making these small payments hoping they won't sue us before we can file at the end of April, or should we just not pay them at all anymore? I'm not sure how long it would take for them to sue & garnish wages if they started the process next week for instance. I guess I should've asked these attorneys about that. Any input is greatly appreciated.
        Nobody can really tell you who to hire. You have to go with the one that you feel is he best. Narrow it down to: was he easy to deal with? DId you liek his office staff? Thats means alot cause if you cannot deal with his staff you can forget about dealing with him. I would wait and talk to the another attorney on Wed and then make your decision.

        As far as paying on the cc's. I would stop if you are planning on filing Why pay if you plan on filing? You are wasting your money Take that money and save it towards paying the attorney there fee. Majority of the times the cc companies do not sue that quick and it costs them alot of money to sue. They have there attorneys to pay too and it s not worth.

        Goodluck.

        Comment


          #5
          Look at it this way...have you EVER really bought anything in your life based on price (think about where you shop, are you really going to the places to get the absolute cheapest deal, 99% of people don't). Why should you start now with a decision as important as hiring an attorney for your BK.

          Having said that, you should keep the face to face appoinment. Until you actually meet them, you really are not in a position to decide.

          Comment


            #6
            Thanks everyone! I'm sorry I wasn't very clear: the in person consult on Wednesday is actually with the first attorney that I referred to in my original post. I'm not really sure why he scheduled an in person, as we spoke for about 45 minutes and he answered all of my questions. I will take the advice given and go meet with him in person to see if that helps clarify the decision for me.

            I guess for the other attorney, who did my free consult over the phone yesterday, I can call to set a time to pick up his paperwork and actually meet him face-to-face for a few minutes at lease. Am I right thinking that I could just pick up their packet without actually hiring him at that time?

            Originally posted by lrprn View Post
            If you are sure about filing in April, then there's no reason to keep paying unsecureds like credit cards between now and then. The creditors can't get you into court to get a judgment against you that fast.

            Unless the dollars involved are big (like over $10-20K), the creditor is local, or there's a personal grudge between yourself and the creditor, it costs creditors to file judgment cases quickly enough to get a court date set within three months.
            Thanks lrprn! That makes me feel better, and then scares me at the same time! We owe BofA around 77k total (4 accounts), Citi around 32k (2 accounts), and WAMU 33k - the other 3 accounts are all 10-13k each. So... bummer, they all fall in or above the range you gave! Am I understanding you right that they couldn't get the judgement & garnishment order that fast even if they wanted to?
            BKForum Blog: The Journey

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            Comment


              #7
              I doubt he will give you the packet without hiring him.

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