How to Find a Bankruptcy Lawyer

Conducting Your Initial Search

Talk to friends or family members. People you know and trust can be your best resources in identifying attorneys who will meet your need. Particularly if you know anyone else who's filed for bankruptcy, ask them which attorney they used and if he or she is someone they would recommend. You also can ask attorneys you might know who they would suggest. Attorneys went to law school and attend bar association meetings and other gatherings, so they know attorneys who work outside their own field of practice – particularly if the fields are often related, such as divorce and bankruptcy. You also can use people you know in legal circles to help you vet candidates as you compile your list of prospects. They can tell you if you should avoid someone or if someone has an undesirable reputation. If you're concerned about your ability to pay a lawyer's fees, find out if you qualify for free or reduced-cost services through local legal aid societies or nonprofit consumer's rights organizations. If you live near a law school, it also might have a clinic that can provide some help to you.

Check with your local bar association. Bar associations typically have searchable attorney directories on their websites that can help you find attorneys licensed to practice in your area. Often you can limit your search to attorneys who practice certain types of law, so you can quicken your search time by searching only for bankruptcy attorneys. The bar association also should have information about the attorney's license, so you can find out if that attorney's license is in good standing or if he or she has been the subject of professional discipline. Other legal directories and attorney referral services can help you find bankruptcy attorneys. Typically, these services also review attorneys' licenses and disciplinary records before allowing them to be included, so you don't have to conduct another search to verify that information.

Evaluate attorneys' websites. Through an attorney's website you can learn more about his or her specialties, practice, and experience. Attorneys typically have a bio page that list their educational background, hobbies, interests, and provide some information about their lives and families. As you look at bios, don't be afraid to strike someone off your list simply because they don't seem like someone you'd get along with. At the same time, you should feel fine favoring someone for a seemingly irrelevant reason. For example, if you have champion Golden Retrievers, it's perfectly reasonable that you would be drawn to an attorney who has the same dogs. These commonalities can help you establish a rapport and feel at ease with your attorney, which in the midst of a bankruptcy is important. Particularly if you have a fairly complex bankruptcy case with significant assets you want to protect, you should consider finding someone who is a board-certified specialist in bankruptcy law. These attorneys must take additional tests and meet stringent qualifications to earn this qualification, and are leading experts in the field. Generally, it shouldn't matter if the attorney has a flashy, well-designed website that uses all the latest trends and tricks. What should matter is that the information is easy to read, free of typos and grammatical errors, and the site itself is easy to navigate.

Look for client reviews. Sometimes you can learn more about what it's really like to work with an attorney through testimonials from previous clients. When you read reviews, compare them to things that are important to you. For example, if it's important to you that your attorney be responsive to you and return any of your calls or emails within 24 hours, you're not going to be satisfied with an attorney who has repeated complaints about how he never returns phone calls. On the other hand, you can easily dismiss complaints about something that is of little importance to you. For example, if you have a car, it wouldn't matter to you that an attorney's office wasn't on the bus line.

Narrow down your list of candidates. Using the information you've gained from your initial search, come up with a handful of attorneys you'd like to meet in person. You might think of this stage of your search as though you are looking for a house or apartment to rent. You want to start with a longer list, ranking them as you go. Ultimately a few will rise to the top of your list, and those are the places you'll go take a look at first.

Interviewing Strong Prospects

Schedule an initial consultation. You should plan to have initial consultations with at least three potential attorneys before you make your final selection. Most bankruptcy attorneys provide a free initial consultation, but don't shy away from an attorney who charges a small fee solely on that basis. If an attorney you call can't schedule an appointment for several weeks, you might want to consider skipping him or her. An attorney who is that busy may not have the time to devote to your case – particularly if you want things done as quickly as possible. If the attorneys have informational forms or lists of documents or information they want for your initial consultation, submit these as soon as possible so the attorney has time to prepare for the consultation.

Ask each attorney lots of questions. Prepare a list of questions in advance so you don't forget to ask about things that are important to you. In particular, find out the best ways to communicate with the attorney, and what their typical turnaround is for responding to phone calls or emails. Ask each attorney how long he or she has been practicing bankruptcy law, and what percentage of his or her cases are bankruptcy cases. Find out how many of those cases are similar to yours. For example, if an attorney typically handles relatively simple bankruptcies for people without a lot of real property or assets, he or she might not be the best choice if your situation is more complex and you have significant assets you want to protect.

Observe each attorney's demeanor. How the attorney acts during the consultation can tell you a lot about what you can expect while working with him or her. The attorney's personality should be important in your decision. If you feel uncomfortable or intimidated by someone, they won't be as effective for you. Evaluate how much attention the attorney gives to you. If he or she appears distracted, pauses the consultation several times, or allows interruptions such as phone calls or questions from assistants, this likely is an indication of how attentive he or she will be to your case. You also should be wary if the attorney brushes off any of your questions or seems dismissive about your thoughts or concerns. Ideally, the attorney you choose should be one who shows empathy toward your situation and wants to help you get a fresh start.

Consider the office's location and atmosphere. Since you will likely have to return to the office several times if you hire the attorney, it's important to feel comfortable with your surroundings. Location may play a huge role in your decision, depending on the accessibility and convenience of the office to you. For example, if you rely on public transportation, you want an attorney whose office is near a train or bus stop. Other factors, such as the amount of parking available or traffic near the attorney's office, also might play a role in your decision. Aside from the external location of the office, think about how you feel inside. You should feel comfortable and secure in the attorney's office.

Making Your Final Decision

Create a list of pros and cons for each candidate. After you've interviewed each attorney, you should compare them objectively to make an informed decision. Although your criteria may be objective, the way you weigh those criteria depends on what's important to you subjectively. For example, the fact that you find one attorney abrasive and rude in person may mean you choose not to hire him, even though he's perfect in every other way.

Consider relative costs. You wouldn't be filing for bankruptcy if you had unlimited funds, but you shouldn't let the cost of an attorney keep you from choosing the best fit for you. Keep in mind that attorneys who practice bankruptcy law understand that their clients have tight budgets. Many bankruptcy attorneys are willing to work out payment plans and may require very little up front. If you like one attorney but fear the fees are too high, don't be afraid to call him or her and explain the situation. Most attorneys are willing to negotiate. Avoid choosing an attorney based solely on the fact that he or she charges the lowest fees. The representation may end up costing you more than if you had gone with someone more expensive from the beginning. If an attorney's fees are significantly lower than anyone else's, try to figure out why, and then determine if you want to take that risk. Some attorneys are willing to advise you and help you with paperwork, without representing you in court, for a reduced fee. If this is something that interests you, find out if the attorneys you interviewed are open to that option.

Call the attorneys you interviewed. As soon as possible, you should let each attorney know of your decision. Attorneys you decided not to hire will appreciate the professional courtesy if you call them and let them know you've chosen someone else.

Get the details of the representation in writing. Once you've chosen your attorney, you should meet with him or her to iron out the specifics of your agreement. Your written retainer agreement should explain in full the services the attorney will complete for you, how charges will be calculated, and when payments are due.