Bankruptcy Cases Lure Clueless Florida Attorneys UPDATED MARCH 17, 2010
With the slump in the economy, bankruptcy cases are increasing, and many Florida attorneys are trying to cash in on the sudden demand for bankruptcy lawyers. However, just like a doctor should not practice all of medicine (imagine a general practitioner performing neurosurgery), Florida attorneys should not practice all of aspects of the law.. unless that’s what you want to do
Not just any kind of law
Bankruptcy laws, like many other kinds of laws, require a specialization. Florida attorneys who have great expertise in this specialization make the whole procedure look as simple as filling out a few forms, appearing in certain hearings, and then billing the client hundreds of dollars for services. Admittedly, this seemingly easy way to gain revenue is the prime incentive why clueless attorneys are getting into bankruptcy law, undercutting established practitioners by charging really low fees, then making a mess out of their clients.
Any person caught up in a bankruptcy situation will be experiencing trauma equivalent to that of a divorce or losing a loved one. It is recommended that one look not just for any attorney to represent them in a bankruptcy case, but find an attorney who is experienced in this field. Yes, these attorneys may charge a couple hundred bucks more than the other attorneys, but at least you have better chances of recovering from bankruptcy.
Questions to ask
Before you enter into a retainer with an attorney, make sure you ask a few simple questions to gauge his knowledge and experience. Someone experienced in bankruptcy law should not get offended if you ask them clarifying questions; instead they should be happy to assist you and thank you for allowing them to advertise themselves to an interested audience.
The new bankruptcy laws had taken effect in 2005. You should figure out how many bankruptcy cases the attorney has handled since 2005, and whether he had been handling bankruptcy cases before 2005. Ideally you’re looking for an attorney that has plenty of both – cases before and after 2005. An attorney that only has cases before 2005 may have too many preconceptions that can affect his handling of the bankruptcy under the new law. An attorney with only cases after 2005 will not appreciate the changes and the rationale behind them, and may miss out important details when preparing for the case.
The attorneys you are considering should also know who the local bankruptcy judges are as well as the names of the local Chapter 7 trustees. Law, like many kinds of professional services, primarily depends on networking. Make sure the attorney who will represent you knows, and is recognized by the same people who will hear your case.
All Florida attorneys that become uncomfortable or flat out deny answering these questions to your satisfaction should not be trusted with a major lifetime event such as a bankruptcy – move on and find another one.
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February 6th, 2010 at 1:33 pm
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