Today with the increased bankruptcy filings through the entire Nation, attorneys are changing the way the run their practices. The model that is being developed will not sit well with many like the courts.
When a client comes in and meets having an attorney and then signs a representation agreement, that may be the last time, the file or that attorney even touches the file. https://legal.com need to be sure to question the attorney to be sure that the attorney is doing a lot more than meeting and turning over the file to a co-employee or paralegal. Additionally it is key to ask whether that attorney can look with you in Court matters, e.g. Meeting of Creditors.
The Courts have noted that they do not approve of this "model" of attorneys office practices.
In a recently available 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 your client, the Court, and the principles upon which the judicial system is built. Attorneys aren't fungible. Attorneys are not all equal to one another, either in their courtroom abilities, their understanding of the law, or in their communicative skills."
Clients select a firm and a lawyer 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 certain consumer bankruptcy attorneys that their business model will not work unless they are 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 when you interview or have your first meeting with an attorney, who will be handling my case?
An assistant,
Another attorney,
Appearance attorney???
When an attorney requires a case, they ought to initially meet the client to understand and be acquainted with the client's needs. After this time, a Representation Agreement is arranged and signed.
As for Bankruptcies, there are plenty of important deadlines and criteria to meet up to finalize what type of bankruptcy is right for your client. During this time period, a learning period begins for the attorney where he/she becomes very familiar with the case and interacts closely with the customers.
Because 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 the client and the attorney. Much is learned about the client's finances, spending habits, debts, the way the debts occurred and the household income, etc.
At the 341(a) Meeting of Creditor's is scheduled, the attorney presents his client to the Trustee and is there to aid and explain the petition that was put together for your client.
If a lawyer 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 compared to that client?
I don't recommend having someone stand-in for a lawyer when dealing with bankruptcy cases. Do you?