I need to find a bankruptcy lawyer, what should I ask potential attorneys and how do I select one?

Let’s start with first question most people in your situation ask: “I need to find a bankruptcy attorney, but how do I do that?

Finding a bankruptcy attorney is like finding any other lawyer. Ideally, use personal referrals—if someone you trust has used an attorney, or an attorney you trust (such as someone you’ve used for a will or buying a home) makes a recommendation, that’s the best way to find a lawyer. If you don’t have any referrals from your immediate circle, try to “network” to find an attorney. If that doesn’t work, turn to a lawyer referral service.

Second, “What should I ask potential attorneys?” Obviously, you’ll share the details of your situation with the attorney and see how he or she responds—such as whether the attorney thinks that bankruptcy is an option for you to explore.  Beyond that, you want to ask about all the important nuts-and-bolts of representation: projected fees and how they are calculated and billed; projected expenses or costs which you would also have to bear; who covers for the attorney if she is unavailable; is the attorney available to take the matter right away; how long does the lawyer feel the matter will take; and what information, documents, etc. will the attorney want from you. In short, while you are going to trust the attorney as to the law—that’s why you are retaining them—make sure you understand everything about the process, timeline, and costs and are comfortable with them.

Third, “How do I select an attorney?” It’s like selecting any other knowledgeable professional or tradesman, whether it’s a doctor, an accountant, a contractor, an electrician—you ultimately should choose the one you have a rapport with, have a good feeling about, and/or will be comfortable working with. Of course, you’ll weigh the economics—though be sure to compare the cost to the money at stake: if you have $400,000 of debt, you don’t want to pick the wrong lawyer in order to save maybe $2,000 in legal fees. Mostly though, trust your instincts. You are going to be working fairly closely with this attorney for a period of months—is he or she someone you want to do that with? Do you trust him or her with your financial future? And don’t forget about chemistry—someone could be the best attorney in your city, but if he or she makes your teeth clench, you’re not going to work with the lawyer successfully.