Bankruptcy: Selecting a Good Lawyer

Bankruptcy law is a specialty, so you'll want to find a lawyer who does most of their work in this field of law. While a simple bankruptcy is simple, it may take a specialist to know if your case is simple.

Consider what your goal is going into a bankruptcy: a fresh start through a Chapter 7, which is generally simpler, or a reorganization of a business or your personal finances through a Chapter 11, 12, or 13? These are generally more complex, and bankruptcy lawyers tend to have sub-specialties in these areas.

Gather Names of Prospects

• Ask lawyers or tax preparers you know for recommendations
• Check local bar associations, state bar groups and specialization/ certification programs for bankruptcy lawyers in your community
• Identify the bankruptcy trustees in your area by calling the bankruptcy court clerk or the United States Trustee's office, and ask the trustee or his staff which attorneys appear most frequently. You can ask for some names of attorneys you might interview

Most bankruptcy lawyers advertise, since they hope not to have repeat business, but must continually draw new clients.

Narrow the List

Gather information about the lawyer, including:

• The number of years in practice
• Specialization certificates in bankruptcy
• Membership in bankruptcy organizations. These affiliations suggest how focused the lawyer is on bankruptcy; the more complex your financial situation is, the more you will benefit from the skills of a lawyer who concentrates his practice in this field and has done many cases like yours
• Check the web for information by or about the lawyer
• Call the office of the lawyer and ask about the lawyer's experience and how much of his/her practice is devoted to bankruptcy of the kind that you think you'll be needing

Make an Appointment

Many consumer bankruptcy lawyers offer free or reduced-cost initial appointments. Find out whether there will be a charge for the initial consultation. Don't assume that free is necessarily better. You can't afford to have your case done badly, no matter how much money you appear to save.

Note how you are treated on the phone. The staff should be a reflection of the attitude of the lawyer. Are your questions addressed courteously, with attention to your concerns? Are you prompted for the information you should bring to the first meeting?

If you're still trying to decide which lawyer to interview, tell the staff that and ask what are the strengths and experience of their firm.

If you make an appointment and later decide not to keep it, have the courtesy to call and cancel the appointment.

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