By Jeff Curl, San Francisco Bankruptcy Attorney
The amount of people filing bankruptcy continues to decline. Bankruptcy filings for the 12-month period ending June 30, 2013, fell 12 percent when compared to bankruptcy filings for the 12-month period ending June 30, 2012, according to statistics released by the Administrative Office of the U.S. Courts. This drop seems to have a commensurate counterpart: an increase in problem cases.
In discussing the state of affairs in the San Francisco bankruptcy lawyer world with some colleagues, there seems to be a consensus that while the number of filings has decreased, the complexity of most Chapter 7 and Chapter 13 cases has increased; at least that’s the sense concerning San Francisco bankruptcies. Unfortunately a noticeable portion of our recent complex cases involve taking over bankruptcies that have gone badly because someone attempted to file without an attorney or because even though the client made the right decision to hire counsel, the attorney made errors.
It is rewarding to help clients out of these difficult situations. Though not all parts of the rescue are enjoyable. Sometimes we can’t repair everything. And sometimes we have to go after the previous attorney and disgorge the fees paid by the client who was victimized by an incompetent attorney.
How does someone who is filing, and already stressed avoid these further stresses? First, do not file without an attorney. Bankruptcy is too complex, and even highly educated attorneys can make errors trying to navigate the ever-changing labyrinth of the bankruptcy world. Yes, attorneys make mistakes so it is no guarantee that everything will be flawless, but your chances of success are far, far greater with competent counsel.
Choosing the Right San Francisco Bankruptcy Attorney
(1) Trust your gut.
If you sense that you may have a difficult time working with the attorney or just don’t like them, follow that instinct. There is no reason to enter into a relationship because you feel pressured or for any other bad reason. You’re already stressed out, so don’t add to it by paying someone you don’t trust.
(2) What areas of law does the attorney practice?
If the attorney list eight areas of practice, and bankruptcy is one of these, it causes me concern. There may be complementary practice areas such as family law or business law that make sense. But when an attorney is trying to be all things to all people, I am concerned about how well he or she has mastered bankruptcy law.
(3) Ask about experience.
It’s okay to ask how long the attorney has practiced or how many cases he or she has handled.
(4) Referral from trusted source.
If someone worked with this attorney and liked the experience, nothing beats a warm body referral. Similarly, a trusted professional that knows the attorney is better than guessing.
You can also read this article posted at Fox Business about choosing an attorney, that includes advice from our own Jeena Cho. If you are contemplating filing bankruptcy, get an attorney, and choose wisely.
Photo courtesy of Kenny Louie.
