Do I Really Need a Lawyer to File Bankruptcy? The Fees Sound So High!
When you are considering bankruptcy, the "do-it-yourself" route looks attractive, but when you consider that your entire financial future is at stake, calling in an expert starts to make more sense.
September 23, 2010
You don't have to have an attorney to file anything. You always have the option of representing yourself in any matter. If you are fairly familiar with the bankruptcy process and have a pretty simple, straightforward case, you might consider this avenue, but for most people it is not the best idea. Bankruptcy lawyers usually charge a flat fee starting in the neighborhood of $1,800 and up. When you are considering bankruptcy, this sounds like a huge fee and makes the "do-it-yourself" route look more attractive, but when you consider that your entire financial future is at stake, calling in an expert starts to make more sense.Most attorneys will offer a free consultation. Before you decide to represent yourself, do a little lawyer shopping. A good attorney will tell you if bankruptcy is in your best interest or not, whether you should wait to file or file immediately, and also whether your case is so simple that perhaps a document preparer might be a better fit for you as opposed to an attorney. A document preparer can prepare your bankruptcy petition for you but cannot give you legal advice. For this service you would likely part with only a few hundred dollars.
When you are consultation shopping, don't immediately hire the lawyer who charges the lowest flat rate. Take note of how the attorney and his or her staff treat you. Are you treated like a number? Are your calls answered or returned? Can the lawyer explain the fee to you and what it does and does not cover? In our office, our fee covers the filing fee you would have to pay the court to file your case whether you prepared your own documents or not, the cost of the debtor education classes you are required by law to take, and a few other incidental costs you would also incur on your own. Once you know what you would be paying for, can the attorney give you a timeline? Is he or she willing to answer your questions? The minute you start to feel less like a person and more like a potential source of revenue for an attorney, run! There is no shortage of bankruptcy attorneys out there, but not all of them make an effort to care about you as a person, your personal situation and goals and how bankruptcy can facilitate or undermine what you are trying to achieve.
At the end of the day, it is your life and your money. How you choose to spend it is up to you. While you probably don't need to hire the most expensive attorney in your area, keep in mind that in the law, like in other service areas, you do tend to get what you pay for. With that in mind, think carefully about what is important to you and why you are filing for bankruptcy in the first place. Better to do it right the first time by hiring an attorney or document preparer than by going it alone.
Article provided by Arizona Law Group of Trezza & Associates, LLC
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