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How do I pick a good Bankruptcy Attorney?

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Phillip W. Gillet, Jr. is a California-licensed Bakersfield Bankruptcy Lawyer with a law practice in Bakersfield, Kern County, California.

Bankruptcy law is a specialty, so you’ll want to find a lawyer who does most of their work in the bankruptcy law field. While a simple bankruptcy is simple, it may take a specialist to know if your case is simple.

Consider what your goal is going into a bankruptcy: a fresh start through a Chapter 7, which is generally simpler, or a reorganization of a business or your personal finances through a Chapter 11, 12, or 13? These are generally more complex, and bankruptcy lawyers tend to have sub-specialties in these areas.

Gather names of prospects

  • Ask lawyers or other professionals you know for recommendations
  • Check local bar associations, such as the Kern County Bar Association, state bar bar associations, such the the California State Bar
  • Most bankruptcy lawyers advertise, since they hope not to have repeat business, but must continually draw new clients.  Therefore, the yellow pages under the bankruptcy law section are a good source.  In Bakersfield, California, the major telephone books are produced by A T & T Yellow Pages, Valley Yellow Pages, and Yellow Book.  In smaller communities like Delano, you might try the Delano Handi Directory.  In Taft, the local directory published by Kern Publishing will have local attorneys.   

Narrow the list

Gather information about the lawyer, including:

  • The amount and type of bankruptcy cases filed per year.
  • The more complex your financial situation, the more you will benefit from the skills of a lawyer who concentrates his practice in this field and has done many bankruptcy cases like yours.
  • Check the web for information by or about the lawyer
  • Call the office of the lawyer and ask about the lawyer’s experience and how much of his/her practice is devoted to bankruptcy of the kind that you think you’ll be needing.

Make an appointment

Many consumer bankruptcy lawyers offer free initial bankruptcy consultations.  After interviewing a lawyer, you should not always choose the cheapest.  You can’t afford to have your case done badly, no matter how much money you appear to save.

If you make an appointment and later decide not to keep it, have the courtesy to call and cancel the appointment.

Consider the following questions and points:

1.      Did the Attorney provide you with written notice of your rights under sections 527(a)(2) & (b) and 528?  I will.

2.      How many Bankruptcy cases has the Attorney filed?  I file an average of 150-200 a year.

3.      Does the attorney have any advanced degrees or licenses?  I have two bachelor’s degrees, a master’s degree,  a law degree, a real estate broker’s license and am enrolled to practice before the IRS and U.S. Tax Court.

4.      Does the attorney have advanced training and licensing that helps him or her understand the unique aspects of complex tax and real estate problems?  I have a graduate tax degree, and am a licensed real estate broker. 

5.      Does the attorney provide you with organized written information and checklists? I will. 

6.      Are the written questionnaires simple and easy to understand? Mine are; I will give you a 14-item list.

7.      Did the attorney give you a written estimate of the attorney’s fees? I will.

8.      Did you owner/attorney take the time to meet with your personally? I do.

9.      Does the office have support staff to handle your questions and concerns when the attorney is unavailable? I do.

10.  Does your attorney offer complete bankruptcy service including filing all chapters? I do.

11.  Did the attorney engage in high-pressure sales techniques to get you to sign a retainer agreement?  I DO NOT!

12.  Does the attorney know about the court’s new chapter 7 fee-waiver program—saving you $299?  I do.

13.  Is the attorney going to be here for you next year?  I will.  I was born and raised in Kern County, and own my building.  I do not plan on retiring for 20 or 30 years. 

14.  Did the attorney provide you with a detailed five-page written retainer agreement?  I will.

15.   Does the attorney have malpractice judgments or outstanding complaints with the State Bar?  I do not.

16.  Does the attorney have malpractice insurance?  I do.   

17.  Did the attorney give you your full attention during the consultation?  I only take extremely urgent calls.

(c) 2007 - PHILLIP W. GILLET, JR. ATTORNEY AT LAW
1705 27th Street, Bakersfield, California 93301-2807
(661) 323-3200
 
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