Chapter 15 Hiring and Working with a Lawyer

• Library: Chapter 13 Bankruptcy (Nolo) (2020 Ed.)

CHAPTER 15: Hiring and Working With a Lawyer

What Does Legal Representation Mean?

How to Find a Bankruptcy Lawyer

What to Look for in a Lawyer

Before Making an Appointment

What to Look for in the First Meeting

Paying Your Lawyer

Standard Fees and Extra Fees

How and When Fees Are Paid

Fee Agreements

Working With Your Lawyer

As mentioned several times throughout this book, it's challenging to represent yourself in a Chapter 13 bankruptcy case. You, like the vast majority of filers, will likely benefit enormously from hiring a bankruptcy lawyer.

But just because you're going to hire a lawyer doesn't mean you should relinquish all responsibility. Staying informed and actively participating in your case is the key to avoiding case-derailing problems before they arise.

You'll also want to maintain a good working relationship with your attorney. Fortunately, it's really not that hard to do. If a problem arises, above all else, remember that both you and your lawyer want the best outcome possible for you.

What Does Legal Representation Mean?

By agreeing to represent you, your lawyer becomes responsible for making sure that:

• all of your paperwork is filed on time
• the information in your paperwork is accurate, and
• you propose a repayment plan the judge will confirm.

These duties require the lawyer to review various documents—for instance, your credit report, tax returns, and home value appraisal—both to ensure the accuracy of your paperwork and to verify that you're filing under the right chapter. You can help your attorney by providing these and any other documents promptly.

Unbundled Legal Services and Chapter 13 Bankruptcy

When lawyers do specific jobs at a client's request but don't contract for full-service representation in the underlying case, they are said to be providing unbundled services. They often do so for an hourly fee.

Because of the complexity involved in Chapter 13 bankruptcy, most attorneys won't agree to handle just a piece of the case. Also, in some states, attorneys are not allowed to provide unbundled services. Essentially, unbundled services are not an option for most Chapter 13 filers.

Your lawyer will also be responsible for appearing with you at the meeting of creditors and on your behalf at the plan confirmation hearing. Your lawyer will represent your interests if a creditor objects to your plan or opposes the discharge of a debt; if you need to eliminate qualifying liens that can be stripped from your property; or for some other issue that might arise during your three- to five-year plan.

How to Find a Bankruptcy Lawyer

Bankruptcy lawyers are regular lawyers who specialize in handling bankruptcy cases. When seeking legal representation in a Chapter 13 bankruptcy, look for an experienced bankruptcy lawyer, not a general practitioner.

There are several ways to find the best bankruptcy lawyer for your job:

• Personal referrals. This is your best approach. If you know someone pleased with the services of a bankruptcy lawyer, call that lawyer first.
• Referrals from other lawyers. If you, a family member, or a friend used a lawyer in a nonbankruptcy matter, ask that lawyer if they know a bankruptcy attorney they'd recommend.
• Group legal plans. If you're a member of a free or low-cost legal plan that covers bankruptcy, make that your first stop when looking for a lawyer.
• Lawyer-referral panels. Most county bar associations will give you the names of bankruptcy attorneys in your area. Keep in mind that most bar associations don't screen the lawyers. It's up to you to check credentials and experience.
• Internet directories. Both bar associations and private companies provide lists of bankruptcy lawyers online. Look for directory information that includes the types of cases

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