Part of making the choice of attorney to represent you in bankruptcy is the cost of the attorney's services. Price should not be the only consideration, however it is an important factor in selecting the right attorney.
Bankruptcy is a complicated area of the law. Due to the poor economy, many attorneys are jumping into bankruptcy as a practice area with no training. Because bankruptcy is federal law, attorneys are not required to demonstrate competency in the area of bankruptcy in order to practice law in their state. The fact, when I went to law school, I never took bankruptcy; it wasn't on the bar exam.
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Because bankruptcy is a public record, all you need to do in order to discover what attorneys are charging is to go to the bankruptcy court clerk's office and sit down at one of their computer terminals. You can review cases that have been filed and see what the attorney is reporting to the court for his attorney fee. Attorneys are required to disclose the amount of money they charge for Bankruptcy services in the bankruptcy itself.
Quite frequently, lawyers will not tell you what their fees are over the phone if you call them. They want you to come into the office so they can talk to you and determine what kind of case you might have. That does make sense, but other attorneys will tell you their fees up front. It's up to you to do the research before you make the appointment to see a lawyer.
Price is not necessarily an indicator of the quality of service that the attorney will provide in your bankruptcy case. There are a number of attorneys who charge very high fees and actually are not very well skilled in bankruptcy cases. On the other hand, there are firms that specialize in bankruptcy and they are able to do an adequate job for a much lower fee. This is because their profit is made on volume of cases that they file. These so-called a bankruptcy mills sometimes do excellent job because they have organized their offices to efficiently process bankruptcy cases. In fact, you might be better off at a bankruptcy mill because of their experience in filing cases.
You don't always get what you pay for. Price is not necessarily any indication of quality of legal services. Shop around, and ask lots of questions, including being very specific about what is, and is not covered by the fee. Will the attorney be available to answer phone calls and questions even after the case is over? Who will actually be doing the work on the case? It is not necessarily a bad thing for the majority of the work on a bankruptcy case to be done by a paralegal. In fact, that's how most offices operate. But the attorney is responsible for the final product, and you want to be sure that the attorney is actually involved in the process.
You will probably only file bankruptcy once in your life, so you need to be sure that you are getting a qualified lawyer to help you through it. The money spent on the attorney is certainly well worth the peace of mind you will get, and confidence you will have in the results.
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