By: Jeff Curl, San Francisco Bankruptcy Lawyer
I like to backpack. I fill a bag with some food, shelter and water, strap it on my back, and head into the wilderness. My friend Ian and I sometimes pack together. There was one trail and destination we did more than once because it was somewhat easy and routine: Potrero John. It is a narrow canyon that has one way in, and one way out. Once you make it back as far as you can in the canyon, it sits at approximately 3,000 feet in elevation and lays at the base of Reyes Peak that towers over 7,000 feet. About 15 years ago we made the familiar trip up Potrero John and set up camp. Not having a lot of money, I had my $50 dome tent and hand-me-down sleeping bag from my aunt.
The weather was nice, we fished, played cards and discussed and solved all the world’s problems as we usually do. As we tried to sleep, a cold wind started to whip the tent. As the night wore on, the tent started to flex and bow so hard that one side of the tent was pushed down repeatedly like a giant hand slapping us in the face. We laid their tired and irritated. The temperature of the wind gusts grew colder, the force of the wind more intense. Then crack! One of the poles on the tent snapped. The rain fly cover was now loose, the tent’s integrity completely compromised.
It was 3 a.m. We discussed whether to wait it out, or whether to pack our gear and try our luck with flashlights and spotty moonlight that was constantly hidden and then revealed by the storm that was upon us. Hiking out in those conditions at the time seemed like certain suicide. So we essentially used the tent like a blanket over our sleeping bags and did not catch a wink of sleep on a very cold and windy night. It turnout that an unexpected storm dropped heavy snow on Reyes Peak. The narrow canyon of Potrero John acted like a funnel, directing the arctic-like air right into our campsite. But we made it out in one piece.
Does any of this have anything to do with bankruptcy? Not directly, but it makes me think about something that happens in our practice. We get the call somewhat regularly where someone asks only one question: How much does it cost to file bankruptcy? It’s a natural question for anyone paying for a service, and particularly for someone who is in financial distress. And our answer is always the same: We don’t know…yet. We don’t know where you are filing, what chapter you are filing, your assets, your debts, transfers of property, employment, property holdings - and the list goes on and on. We like to sit and thoroughly discuss issues with clients to understand everything. Then we are happy to quote you a price.
Like most things in life, you get what you pay for. A cheap suit does not last. A cheap car can leave you stranded at an inopportune time. And as I can attest, a cheap tent can compromise your safety when you are in a vulnerable situation. Many of our local judges recently issued decisions sanctioning attorneys and often disgorging their fees for rendering poor services in bankruptcy. As one judge recently discussed, a client hired his bankruptcy attorney because he was cheaper than other attorneys. As the judge noted, the client learned that “in Chapter 11 cases, like everything else in life, ‘bargains’ rarely result in true savings.” In re W.E. Enterprises, LLC, 2010 Bankr. LEXIS 2386 (ND Cal. 2010). Many of the sanctions and rulings from the judges have been quite harsh toward attorneys.
For most people, filing bankruptcy is a huge decision. We often get clients that met with another attorney, did not feel entirely comfortable or even like the attorney, but “the price was right.” I know this because clients come to our office because the attorney-client relationship deteriorated severely or their case may have been mishandled by the bargain attorney. This is not to say that the inverse is true. Just because an attorney charges top dollar does not mean you necessarily get the best service. But I think most people can attest that the cheapest haircut and cheapest surgeon may not be the wisest decision.
As the years have gone on, I don’t get to backpack as much, but I can tell you that I pay much closer attention to the gear I rely upon today when I am in the middle of nowhere. I can’t afford for my water filter to fail, or my tent to collapse when unexpected weather arises. I will pay more for something that is high quality, reliable and will last. And now I can’t imagine hiring an attorney I did not like and did not capture my complete confidence because he was a little cheaper.
Luckily Potrero John was a short trail, and we were not at a higher elevation. But no more cheap tents.
Disclaimer: Unfortunately, it is impossible to give legal advice over the internet, no matter how well researched or written. Before relying on any information I give, contact a lawyer to discuss your particular situation. I am a San Francisco bankruptcy attorney. The information given is based on California law.
