Red Flags When Choosing a Bankruptcy Attorney

Warning signs that a bankruptcy attorney may not serve you well

Not all bankruptcy attorneys provide the same level of service. Some warning signs can help you identify potential problems before you sign a retainer agreement.

Communication red flags

• You never speak to the attorney -- If your initial consultation is with a paralegal or salesperson rather than the attorney who will handle your case, that is worth noting
• Unreturned calls or emails -- Attorneys have ethical obligations to keep clients reasonably informed under Model Rule 1.4
• Pressure to sign immediately -- A reputable attorney will give you time to make an informed decision
• Vague answers to specific questions -- If they cannot clearly explain the process, that is concerning

Fee red flags

• Fees far below market rate -- While affordable representation exists, unusually low fees may indicate high-volume practices that sacrifice individual attention
• Unclear fee structure -- You should receive a written fee agreement that spells out exactly what is covered
• Large upfront payments with no written agreement -- Always get the fee arrangement in writing
• No mention of court filing fees -- The filing fee is separate from attorney fees and should be disclosed upfront

Practice red flags

• No review of your financial documents -- A thorough attorney will review your income, expenses, assets, and debts before recommending a chapter
• Guaranteed outcomes -- No attorney can guarantee a discharge. Bankruptcy outcomes depend on many factors
• No explanation of alternatives -- A good attorney discusses whether bankruptcy is truly the best option for your situation
• Filing before completing credit counseling -- Pre-filing credit counseling is required under 11 U.S.C. Section 109(h)