The Right Lawyer
HOW TO CHOOSE THE RIGHT LAWYER:
The Right Lawyer
Which lawyer should I go to? This is an extremely important question. Filing bankruptcy will have a significant impact on your life for years to come…..but bankruptcy law is very complex, with many twists and turns, and traps for the unwary. If you need to file bankruptcy…choosing the right lawyer is critical.
In many cases, the simple truth is that the more experienced attorney will do a better job, which means getting you the most benefit from filing and avoiding the mistakes that someone less experienced is bound to make.
Don’t take chances. Here are some of the questions to ask in order to find the best available bankruptcy lawyer:
1. Do you practice bankruptcy law full-time?
You want a full-time lawyer, who spends all his time getting better at representing people in bankruptcy. You want a lawyer who knows the Bankruptcy Code and the local rules….inside and out, who has a good, established working relationship with the local Trustee and knows his or her preferences, who has a good reputation before the local Bankruptcy Judge, who knows which way the local Bankruptcy Judge tends to lean on certain key issues, and who enjoys the respect of the local creditor lawyers.
What you don’t want is the lawyer jack-of-all-trades….who does a little of everything…including bankruptcy. Think about it. He or she may be great at handling a real estate closing, drafting a will or and taking care of a speeding ticket…but the fact is….if a lawyer does anything other than bankruptcy….. he or she is obviously not spending all his or her time learning and staying sharp on bankruptcy law. There is a reason that lawyers limit their law practices to one area of law or another….and you want the lawyer that does nothing but bankruptcy law for a living. For instance….
What about the Law Offices of Rubin & Associates, P.C.?
The answer is “Yes”.
In fact….all of our lawyers do nothing but bankruptcy law.
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2. How many years have you done bankruptcy full-time?
You have to be careful here. Lots of lawyers advertise years and years of experience. But the question should be “How many of those years did you spend doing nothing but bankruptcy law?” Generally….the more years….the better. For example, full time for 10 years is way better than full time for a month or even a year.
What about Mark Rubin?
Mark Rubin has limited his practice solely to bankruptcy law since 1991.
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3. How many bankruptcy cases have you filed?
You want the best lawyer available. In most cases….the more cases a lawyer has filed….the more experience the lawyer brings to the table…..and the more expertise the lawyer brings to the table….the better the result, benefit and protection you and your family will get.
What about the Law Offices of Rubin & Associates, P.C.?
We have filed thousands of cases since 1995.
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4. How many Chapter 13 bankruptcy cases have you filed?
This is a very telling question. Lots of lawyers file a few Chapter 7 cases. Some even practice bankruptcy full-time……but only do Chapter 7 cases. In most cases…..Chapter 7 is much easier and less complicated than Chapter 13. In my experience…..the best, most experienced lawyers handle lots of both Chapter 7 and Chapter 13 cases.
What about the Law Offices of Rubin & Associates, P.C.? We have filed thousands of Chapter 13 cases.
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5. Are you a member of the National Association of Consumer Bankruptcy Attorneys
(NACBA)?
This is the one national association for consumer bankruptcy attorneys. Not all good bankruptcy attorneys are a member, but membership in this organization is generally a good indication of a strong commitment to providing the very best in bankruptcy services to the public.
What about the Law Offices of Rubin & Associates, P.C.?
All of our lawyers are members of NACBA.
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7. How good is the lawyer’s reputation?
You want a lawyer with a record of success who has earned and enjoys the respect of his or her colleagues, including bankruptcy attorneys, the Trustees and the local Bankruptcy Judges.
But which of these people should I contact? Ask the Chapter 13 Trustee: Perhaps the best indication of whether a lawyer is one of the best is to call and ask the local Chapter 13 Trustee or someone on this Trustee’s staff. The local Chapter 13 Trustee and the Trustee’s staff know who the good bankruptcy lawyers are. The Chapter 13 Trustee deals with these lawyers on a regular….day to day…. basis. When you call one of these Trustees….you probably won’t get to talk to the Trustee….but that’s o.k. Just talk to someone on his or her staff. If the Trustee’s staff is hesitant to recommend a lawyer….at least ask this. Which lawyers filed the most Chapter 13 cases….and then try to slip in this question: “Of the record….if you had to file bankruptcy….who would you use?” I suspect that most of the time, they will give you the name of one or more lawyers…..but one thing is for sure. They won’t give you the name of a lawyer they know….who is clearly not a good bankruptcy lawyer.
The trick is to find out the name and telephone number of the local Chapter 13 Trustee. To get his or her name, you can call your local United States Bankruptcy Court and ask them. You can find the telephone number for your local U.S. Bankruptcy Court by looking under the listings for the United States government in your local telephone book. An easier way to find out the name of the Chapter 13 Trustee is to check out your local Bankruptcy Court’s website. This can be found by going to http://www.uscourts.gov/links.html . Generally, the Court’s website will contain a list of the names and telephone numbers of all Chapter 13 Trustees.
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