Choosing a bankruptcy lawyer can be stressful. But by following these steps below, you can find a lawyer who best suits your needs. When initially contacting a firm, make sure that the person you are speaking to is a lawyer. You can look on the Texas State Bar website and check to see if the person you are speaking to is, in fact a lawyer.
Be especially skeptical of any “consultant” who charges an up front fee to locate a mortgage company to refinance your loan or who offers you a promise to work with your mortgage company and get them to agree to a loan modification or forbearance agreement. In most cases, even if you can find a lender to refinance a defaulted loan, it is normally impossible to complete the transaction in time to stop a foreclosure sale.
Also, if your mortgage company is wiling to do a loan modification or forbearance agreement, they would have informed you of this before they listed your home on the foreclosure list. You will probably never receive a refund of any up front fees paid to these “consultants.”
So, how do you choose a bankruptcy attorney? Evaluate these four steps before choosing an attorney:
1. Board Certification. Attorneys that are board certified in Consumer Bankruptcy Law are specialists that represent non-business debtors and creditors in bankruptcy cases. To become board certified in Consumer Bankruptcy Law, an attorney must have:
* Been licensed to practice law for at least five years;
* Devoted at least 30 percent of his practice to bankruptcy law for at least three years;
* Handled a wide variety of bankruptcy law matters (including at least 15 contested court cases) to demonstrate experience and involvement;
* Regularly attended bankruptcy law continuing education seminars to keep up to date on changes in bankruptcy law;
* Been evaluated by fellow lawyers and judges; and
* Passed a day-long written examination.
Initial certification is valid for five years. To remain certified, a lawyer must apply for recertification every five years and meet practice, peer review and continuing legal education requirements.
A board certified lawyer may indicate certification by stating that he is “Board Certified, Consumer Bankruptcy Law, Texas Board of Legal Specialization.” Lawyers that are not board certified must state: “Not Certified by the Texas Board of Legal Specialization” on all advertisements.
The Texas Board of Legal Specialization has issued a brochure entitled “What is a Bankruptcy Law Board Certified Attorney?” This brochure provides an overview of the requirements for board certification.
We recommend that you choose a board certified lawyer regardless of whether you hire Billy D. Price, P.C. or another law firm. If you do not have any specific information about a particular attorney’s reputation or experience, you are more likely to receive competent advice and representation if the attorney is board certified.
2. Specialization. Does the attorney devote all or most of his practice to bankruptcy cases? Many attorneys that file bankruptcy cases devote a substantial amount of time to other practice areas such as personal injury, criminal, family, probate, immigration, real estate, or corporate law. Even board certified bankruptcy lawyers are permitted to devote as much as 70 percent of their practice to non-bankruptcy areas.
Again, if you lack any specific information about a particular attorney’s reputation or experience, you are more likely to obtain a good bankruptcy lawyer if that lawyer limits his practice to bankruptcy cases. Mr. Price limits his practice to bankruptcy matters and does not handle personal injury, criminal, family, probate, immigration, real estate, or corporate cases. He has represented debtors in over 3,000 bankruptcy cases.
3. Credentials & Ethics Information. Has the attorney been disciplined for ethical violations? We encourage you to check the credentials and ethics record of every lawyer you consider. Obviously, it is preferable to hire an attorney that has not committed ethical violations. You can check the general credentials and ethics record of any Texas attorney at the Texas State Barwebsite. Go to the “Find a Lawyer” tab at the bottom of the home page and specify the attorney’s name. This site will also provide other helpful information about the lawyer such as education, practice areas, year licensed, courts admitted and board certifications.
4. Personal Attention. Does the attorney personally handle the cases? You will never see or talk to an attorney at many bankruptcy law firms. A legal assistant will interview you and take all of your calls. At some other law firms, an attorney will conduct the first interview, but after that, you will never hear from the attorney, and a legal assistant will take your calls.
Insist on personal attention from your attorney! At Billy D. Price. P.C., we take pride in the personal attention given to our clients. Mr. Price will personally discuss your financial situation and answer your questions. He will personally handle your case and will be available for consultation at any time.
