Today with the increased bankruptcy filings throughout the Nation, attorneys are changing the way the run their practices. The model that's being developed will not sit well with many like the courts.
When a client will come in and meets having an attorney and signs a representation agreement, that may be the final time, the file or that attorney even touches the file. https://legal.com ought to be sure to question the attorney to be certain that the attorney is doing a lot more than meeting and turning over the file to a co-employee or paralegal. It is also key to ask whether that attorney will appear with you in Court matters, e.g. Meeting of Creditors.
The Courts have noted they do not approve of this "model" of attorneys office practices.
In a recent opinion by Judge Jeff Bohn (Consumer Bankruptcy News - Volume 23, Issue 19) he stated:
"The application of appearance attorneys deprives clients... This type of practice is insulting to the client, the Court, and the principles where the judicial system is built. Attorneys aren't fungible. Attorneys are not all equal to each other, either in their courtroom abilities, their knowledge of the law, or in their communicative skills."
Clients select a firm and an attorney for grounds, and clients have a right to be represented by the attorney of their choice during all portions of their case.
The justification for several consumer bankruptcy attorneys that their business model won't work unless they're permitted to use appearance attorneys HOLDS NO WATER with this particular Court. In case a firm's business model conflicts with the professional standards of the legal profession, the former must cave in to the latter."
Make sure you ask once you interview or have your first ending up in an attorney, who will be handling my case?
An assistant,
Another attorney,
Appearance attorney???
When an attorney takes a case, they ought to initially meet with the client to understand and be acquainted with the client's needs. After that time, a Representation Agreement is arranged and signed.
As for Bankruptcies, there are many important deadlines and criteria to meet to finalize which kind of bankruptcy is right for your client. During this time period, a learning period begins for the attorney where he/she becomes very acquainted with the case and interacts closely with the customers.
As the information and data are collected from the client, the attorney is able to fully understand not merely the client but also the facts of the case. Usually, there is a lot of interaction between your client and the attorney. Much is learned all about the client's finances, spending habits, debts, how the debts occurred and family members income, etc.
At the 341(a) Meeting of Creditor's is scheduled, the attorney presents his client to the Trustee and will there be to assist and explain the petition that was put together for the client.
If an attorney who done the case will not arrived at Meeting of Creditors but sends another attorney, how can that alternate attorney/stand-in attorney supply the proper representation and support to that client?
I don't recommend having someone stand-in for a lawyer when coping with bankruptcy cases. Can you?