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How to Hire an Attorney or Other Professional
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General Rule. There are 3 primary questions to ask when you interview an attorney (or other professional.) About how your case will get done and what it will cost. Use a free initial consultation to find out.
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You should hire an attorney (and any other professional) by asking 3 primary questions:
1. Can you analyze my case and give me legal advice as to what you think the final result should be?
- Debt defense cases usually have a predictable result. An expert should know
what the expected result is. (However, some debt relief issues can sometimes be
unpredictable.)
- If you cannot get some legal advice about an expected outcome, then move on.
- Ask whether you can you keep your home and other property and get back on track.
2. What is the process to get to the final result?
- Can the attorney explain the expected process? How much time will be involved? Can the process save money and time by avoiding a court trial?
- Does that process include getting the bill collectors off of your back ASAP?
3. What is your estimate of your fee for completing the case?
- Try to get a fixed fee for specific steps to the process, so that you have
some control over the amount of fees.
- Avoid an open-ended fee agreement where you are charged for hourly fees & “junk” photocopy/fax expenses without any expectation of a budget.
- If you cannot get a reasonable estimate of the fee, then move on.
An attorney is supposed to be an expert on these matters. If you can’t get some reasonable answers, then move on.
Use free initial consultations to interview prospective attorneys. Don’t pay for initial consultations, since attorneys use it to market their services. Avoid hiring an attorney based on:
1. A comparison of hourly rates and retainers.
- An attorney’s hourly rate is not an indication of value or the ultimate legal cost to you. Either a more or less expensive attorney can cost you much more because of lack of interest in completing your case and because of lack of competency and efficiency. An hourly rate provides no information to you.
- Make sure you get a budget estimate. Or better yet, a system of fixed fees.
- Don’t pay a large retainer (generally not more than about $1,600 for a typical consumer bankruptcy case, which includes the court filing fee, unless you have a business or complex issues.) As a practical matter, you will not get any of it back and disputes will enlarge so that the retainer is used up. Although a large case with complex assets and debt may cost significantly more.
2. A goal or process of revenge or attempting to damage a creditor or anyone else.
- Occasionally an attorney will suggest that you get revenge or “hang” a bill collector or some one else. Don’t waste your money and time with this focus, since this will not happen in most cases.
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