Tips for Hiring a Bankruptcy Lawyer

There’s no denying that being in debt is stressful, and visiting a bankruptcy lawyer only adds to the stress. Here’s a person you just met whom you are handing your hard-earned money to and expect them to help you with your financial situation.

But even though you’re consulting with the bankruptcy attorney to take those first steps to financial freedom and get your fresh start, a lot is going on. It’s common for clients to have that deer-in-the-headlights look, be nervous, or even forget the questions they want to ask.

This blog post will provide tips on hiring a bankruptcy lawyer.

Key Points:

• Verify the lawyer’s experience in bankruptcy cases using PACER.gov.
• Don’t rely solely on PACER.gov; ask about the lawyer’s experience during the consultation.
• A good lawyer will be active in the consultation and allow you to speak.
• Get referrals from friends or acquaintances.
• Check the lawyer’s status with the State Bar Association.
• Consider the lawyer’s fees and payment plans.

The Lawyer’s Experience

I have been practicing law for 24 years. The bulk of my practice has been bankruptcy and divorce cases. But if tomorrow I wanted to represent a client in a murder trial or a complicated money laundering case, I could. Why? Because we are generalists.

So, knowing that, your first concern should be the lawyer’s experience. When the mortgage foreclosure crisis hit, it was common for me to bump into lawyers with no experience in family law or domestic violence hearings, and unfortunately, their lack of experience showed.

How can you determine how many cases your lawyer has been involved in when it comes to bankruptcy? The first step is to register with PACER.gov. (Public Access to Court Electronic Records).

Based on a name search, you should see how many cases the lawyer filed. However, the keyword is “filed.” For example, if the lawyer was an associate in a law firm and the cases were filed under the name of that law firm, the lawyer’s name may not appear or be limited. I am the perfect example. Not only did I have a law partner where many cases were filed under the partner’s name, but we also had a separate entity under which cases were filed.

So don’t guide yourself solely by PACER.gov, but it is a good starting point. For a quick YouTube video on using PACER, try this link.

Consulting with a Bankruptcy Attorney

Feel free to ask the lawyer about their experience at the consultation. It is also important that your lawyer is active in the consultation. But the bankruptcy attorney should allow you to ask questions. Yes, I am the first to admit that clients sometimes go off on a tangent, and at that point, I take over the consultation and start asking questions in detail to make sure what the next steps will be.

However, as an experienced bankruptcy attorney, my questions are much more detailed and provide further insight than the client’s. But regardless, I’ve never heard of a client being happy when a lawyer they consulted with didn’t let them speak.

All I can tell you here is to go with your gut instinct. If you don’t like the lawyer or something feels off, meet with other lawyers.

Which Bankruptcy Lawyer to Choose

Depending on where you live, the choices for bankruptcy lawyers could be endless. Try narrowing down that list by requesting a referral from friends or acquaintances.

If you settle on one lawyer, I recommend you look up that lawyer with the State Bar Association. If a lawyer has been disbarred, that would appear on their website. State bar records generally go back 5 to 10 years.

• What is Chapter 7 Bankruptcy?
• What Are the Steps in a Chapter 13 Case?

I’m the first to say that disbarment does not mean that the lawyer cannot handle your case. In my lifetime, I have seen disbarments for ridiculous reasons, and others that should have been disbarred were not.

For example, while I have never been disbarred or sanctioned in any way, I did have one lawyer I had never met file a bar complaint against me. The lawyer’s bar complaint was focused on his absurd belief that it was unethical for me to try to sell my law practice. This was a six-month brouhaha. The whole thing was ridiculous.

That was many years ago, and I never had contact with the lawyer before or since. But I do wish him well, not really. Hey, I have to be honest.

Note: Editing this article a few months later, I know for a fact that the lawyer shook hands with Karma.

Attorney’s Fees

How much does it cost to file for bankruptcy is always a question that is guaranteed to be asked. Of course, you’re filing for bankruptcy because you are facing financial difficulty, so the bankruptcy lawyer should be flexible with their retainer fees.

I know things change from one district to another and from one state to another, but a payment plan is the norm. A lawyer requesting $2,000 down to start a Chapter 7 bankruptcy case is not. If the lawyer is being inflexible with their fee, definitely shop around for another lawyer.

Note that this differs from Chapter 13 bankruptcy, where larger retainers are the norm. However, one benefit of Chapter 13 is that the case can be filed, and attorney fees can be collected through the court-approved payment plan. That is not an option with Chapter 7 bankruptcy.

Best of luck with your bankruptcy case and your first step towards being debt-free.

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. For paralegals and students buying single copies, you can do so via Amazon Books. To access my YouTube channel, click this link. Archives on bankruptcy blogs can be found via this link.

Looking for additional information? Try the links below to review other bankruptcy-related subjects.

• Bankruptcy
• Your Wallet

Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated on April 26, 2025.