Essential Tips for Hiring a Bankruptcy Lawyer
Hi, I’m Professor Alex. Thank you for joining me today on the topic of hiring a bankruptcy lawyer. I’m here to help you take those steps towards financial freedom as you begin your debt-free journey, so we can enjoy our lives without worrying about all those bills.
As always, you’re welcome to check out my blog at Bankruptcy.blog, where I post all this information in blog posts and podcast recordings to make life a little easier for you if you want to listen in on the go while driving, etc.
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Tips on Hiring a Bankruptcy Lawyer
This might sound obvious, but it’s not: do your research. I’m not a big believer in online reviews. However, you can use them as a guide. But some reviews are ridiculous. For example, I had a review from a divorce case where the person was bashing me, claiming I was the worst lawyer ever. The funny part is that person was not my client. It was actually the future ex-spouse of my client who wasn’t happy that things didn’t go well for them in
In prior blog posts, I’ve talked about how to pay for your bankruptcy lawyer, which prohibits using your credit card to do so. But besides that, it’s also important to analyze some of the issues you might face when hiring a bankruptcy lawyer.
So, today’s video and podcast, for those of you listening, are quick tips on what to consider when hiring a bankruptcy lawyer.
Research! Online Reviews
I’ve had reviews from people I’ve never met or been hired by. Many of my colleagues have experienced the same thing. Sometimes, it’s even opposing lawyers pretending to be someone else to make a lawyer look bad. So, use reviews, but don’t depend on them 100%. The system isn’t perfect or fair, and too often, people post things that are just not true.
But, at the same time, you shouldn’t ignore reviews. Look at the overall reviews and consider them a stepping stone to give you a better idea.
Generalists versus Specialists
Now, this is really important: lawyers are generalists. Let me explain. You could be board-certified in a specific area of law, like family law, criminal law, or bankruptcy. But honestly, most of us aren’t. Most of the time, board certification is required to be a mediator, and most lawyers aren’t mediators.
I was never interested in being a mediator, so I don’t need to be board-certified. It doesn’t mean anything to my clients; if anything, they might think it means they have to pay me more. To be honest, that would increase fees, as that is the norm.
As generalists, we can handle various types of cases. For example, if I wanted to jump into criminal court and handle criminal cases tomorrow, I could. For the record, I did practice criminal law. But legally, assuming I didn’t, nothing prevented me from doing that. I could take on a medical malpractice case, and a medical malpractice attorney could start practicing bankruptcy law. There’s a little extra step to becoming a bankruptcy lawyer, but basically, everyone gets approved.
When the law changed in 2005, known as the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), we were hit hard financially because nobody was filing for bankruptcy. There were all these rumors that it would be impossible to file for bankruptcy, and we didn’t understand the means test.
I saw bankruptcy lawyers at domestic violence hearings and criminal cases, trying to make a living. We can’t criticize people for trying to make a dollar; that’s the reality of our profession. But again, we are generalists.
If you’re a dentist, you’re a general practitioner unless you specialize in braces or oral surgery. Our profession doesn’t have that distinction. So, make sure to ask your lawyer how long they’ve been handling bankruptcy cases. Don’t be afraid to ask those questions. If the lawyer doesn’t like the questions, find another lawyer.
Using PACER.GOV for Research
Did you know you can look up cases in the federal court system through PACER.gov? It’s free to a certain extent, but if you download too many documents, they will start billing you. But even then, it’s pretty affordable.
However, keep in mind that PACER.gov only shows who filed the case. If a lawyer works at a law firm and then strikes out on their own, you might not find any paperwork under that lawyer’s name because the main lawyer at the firm was the one filing all the pleadings. Associates typically don’t sign bankruptcy petitions, which would require creating a separate account and other formalities.
So, you could be talking to a highly qualified lawyer who can handle your case blindfolded with their hands tied behind their back, but nothing exists when you look them up on PACER.gov. So, avoid jumping to conclusions. Keep this in mind as one more step in figuring out if this is the right lawyer for you. If you don’t find all the information, ask why—it might be because they worked for someone else.
State Bar Websites
Another tip that won’t cost you anything is that I recommend something people often overlook: checking the State Bar website. Every state has a section where they show lawyers who have been disciplined. Most states go back as far as five to ten years. For example, Florida goes back ten years. With a name search, you can look up the lawyer to see if they have been disbarred.
However, being disbarred doesn’t necessarily mean the lawyer can’t handle your case. I know what that sounds like, but I’ve seen lawyers disbarred for the most ridiculous reasons and others who should have been disbarred but weren’t. One simple way to lose your license, albeit temporarily, is to not take enough continuing legal education courses. But if need be, you can request information from the Bar regarding why the lawyer was disbarred.
For example, when I was selling my law practice, a clown lawyer filed a bar complaint against me, claiming it was unethical for me to give out my client information. This was ridiculous because you get all that information once you buy my practice. The Florida Bar looked into it and eventually agreed with my stance, but that nonsense took six months to resolve.
For the record, I haven’t seen or heard from that lawyer before or after, but I do wish him well. Not really! Hell has no fury like a bankruptcy lawyer scorned! And for the record, let’s say just say Karma got to him recently.
So, while the system isn’t perfect, it’s a good step to take. It costs nothing to go to the state website, type in the information, and see what’s going on with that lawyer.
Never Underestimate the Power of Referrals When Hiring a Bankruptcy Attorney
Finally, when it comes to hiring lawyers, don’t overlook referrals. Referrals are great because they mean someone else you trust can vouch for the lawyer. If you have friends or family who filed for bankruptcy before, and you feel comfortable asking, by all means, do so.
They will be honest and tell you if the lawyer was good but maybe had some quirks, like not returning calls. You won’t find these things in a Google search, so talk to your friends and family and see what they have to say.
Consulting with the Bankruptcy Attorney
Now, I want to discuss a couple of issues regarding consultations. Believe it or not, some lawyers constantly look at their watch to see when they can get rid of you. Some clients feel the need to go back to second grade and explain everything, which is normal. Some clients talk too much; some don’t speak enough. It’s human nature, and it’s not a big deal.
I knew one lawyer who would spend an hour talking gibberish and then another hour focusing on the consultation. I used to tell my colleague you did two hours of work and billed for one hour.
I mention the clock because a client told me about an immigration attorney who would put a clock facing the client, like in chess, and charged for the consultation that could not exceed fifteen minutes. I couldn’t believe that was how they started the relationship.
In my opinion, a consultation is a two-way street. You talk, I talk. If you get a little out of hand, I’ll cut you off and get back to the issue. Some clients talk a lot because they’re nervous, and that’s okay. Meeting a lawyer isn’t on anyone’s favorite to-do list. Trust me, I’m a lawyer, and I have no desire to meet with one, no matter how much we have in common.
A lawyer’s office is the last place you want to go, and I’m the last person you want to hang out with in this setting. Maybe in a different setting, things would be different, so I get it.
If consulting with the lawyer is a one-way conversation, then I have an issue with that. The lawyer should allow you to get some things off your chest. That’s a given. We don’t want to hear everything for 45 minutes, but things like “I’m stressed out, I’m doing bankruptcy” are typical.
I think it’s normal to ask questions about your car, like its equity. But if the lawyer completely dominates the conversation, that’s a problem. Some bankruptcy lawyers aren’t the nicest people when you call them. They might not return your call, and if they do, they might be angry.
I hear this all the time from people who say they don’t want to talk to their lawyer because the lawyer is always angry, which makes them feel bad. The signs will probably be there at the consultation. When you are driving, do you ignore the stop sign? The signs are there for a reason, so don’t ignore the signs!
Paying for Your Bankruptcy Attorney
Now, let’s talk about payment plans. We all want to make $2,000 off the next case ASAP. That might work for divorce or criminal cases but not for bankruptcy. You’re hiring a bankruptcy lawyer because you’re facing financial hardship, so money isn’t falling out of the sky. You need a payment plan.
Some lawyers refuse to budge and demand the full retainer upfront. If that’s the case, walk out the door and find another bankruptcy lawyer. There’s no shortage of bankruptcy lawyers. If you live in a small town and there’s a shortage, go to the next town over. Chances are most if not all, hearings can be handled remotely.
For example, when I was practicing in Miami, chances are I wouldn’t have taken cases in Broward, but now that everything is remote, I would. One of my last cases in family court required me to withdraw, and I was already living out of state. It was a Zoom hearing, so I didn’t have to go to court to withdraw. Keep that in mind.
In my opinion, a lawyer should offer a flexible payment plan. Maybe it’s not a plan you like, such as $500 a month for three to four months, but the lawyer should make the offer. Lawyers who refuse to budge on payment plans are missing the point. Flexible payment plans are essential when filing for bankruptcy because the situation is obvious. If they don’t understand that, they not only lack empathy but also don’t understand the basics and reality of bankruptcy law.
I hope you enjoyed today’s video. Note that Bankruptcy.blog isn’t just for paralegals; it is for everybody. It covers all the issues you might face in bankruptcy. For paralegal students using my textbook in your courses, likewise, feel free to post comments on my YouTube videos. I’ll be happy to get back to you.
That’s it for today—time to write a blog. I’ve already had two classes today, so it’s time to focus on the blog. I’ll catch you in the next video. In the meantime, be safe, happy, and positive, and continue on your path to financial freedom. Take care, everybody.
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.
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This transcript was edited for clarity.
Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.
Updated on April 28, 2025.
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