How To Select The Bankruptcy Attorney Who Is Best For Your Situation
People often want to know what to look for when selecting a bankruptcy attorney in Orlando. Most posts on the internet advise prospective debtors that in terms of advice and results they will “get what they pay for.” In other words, the writers suggest that the cheapest attorney may end up being the most expensive as attorney errors are passed through to the debtor.It would be nice if all bankruptcy debtors in the Orlando Division could afford the most experienced Orlando bankruptcy attorneys. However, most prospective debtors are limited in their choice of an Orlando bankruptcy attorney by the same financial problems underlying their need for bankruptcy. A difference of one or two hundred dollars of attorneys fees is critical for many Orlando bankruptcy clients.
I find that consumer bankruptcy cases vary significantly in their complexity and legal issues. Debtors under median income and with no non-exempt assets can afford to use an inexpensive bankruptcy attorney. Other debtors need to value attorney experience over attorney price. For instance, debtors who own their own businesses, who are over median income, who own multiple houses, or who may have transferred assets to family members in the past four years should use a bankruptcy attorney with at least 10 years experience.
The problem for the potential debtor is that bankruptcy fees are unregulated . Just because an Orlando bankruptcy attorney charges more than average fees does not mean he is competent. For example, I took over another case filed by an Orlando bankruptcy attorney after the client finally realized the attorney did not properly claim exemptions to which he was entitled. The case was messed up, and the attorney clearly was inexperienced. The attorney charged a bankruptcy fee hundreds of dollars more than I charge, and the client, not knowing better, agreed to hire him.
The bankruptcy market has caused reduction of bankruptcy fees in Orlando and other cities. Bankruptcy filings are down at least 20% this year. At the same time, the Orlando bankruptcy attorney market has been flooded in the past three years as attorneys who formerly concentrated in other areas such as real estate or business transactions saw their practices decimated by the recession, and these attorney decided to move into bankruptcy law where they saw more opportunities during a down economy. As a result, many experienced and competent attorneys have reduced their bankruptcy fees to adjust to supply and demand. We are in a “debtor’s market” for Orlando bankruptcy attorneys. Most debtors can afford quality legal representation.
Like any other product or service the general rule applies: buy neither the cheapest nor the most expensive help. Orlando bankruptcy attorneys at the lower end of the market (under $1,000 for simple Chapter 7) are low-price providers for a reason. They cannot compete on quality and promptness so they must compete on price. Expensive bankruptcy attorneys (those charging over $2,000) may be, but are not necessarily, the most competent. Some attorneys charge high fees because they have high business overhead or because they are trying to limit their practice to complicated and interesting cases.
I provide bankruptcy advice to many people outside the Orlando Division; people who must find another bankruptcy attorney near their home. These people often ask for advice about how they can find good, affordable bankruptcy advice. The answer is common sense. Debtors should look for an attorney who charges fees in the middle range for their area, an attorney who has significant bankruptcy experience, and an attorney who explains the bankruptcy process and answers questions with confidence and in “plain English.”
The post How To Select The Bankruptcy Attorney Who Is Best For Your Situation appeared first on Orlando Bankruptcy Law Blog.
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