Reasonable expectations for the attorney-client relationship
Understanding what your attorney should be doing helps you evaluate the representation you are receiving.
Before filing
- Thorough financial review - Your attorney should review all income, expenses, assets, debts, and recent transactions
- Means test analysis - For Chapter 7 filers, the attorney should run the means test and explain the results
- Exemption planning - Discussion of which assets are protected under your state's exemption laws
- Written fee agreement - A clear, written agreement specifying fees, scope of representation, and what is not included
- Credit counseling guidance - Direction on completing the required pre-filing credit counseling under Section 109(h)
During the case
- Accurate petition preparation - Schedules and statements that accurately reflect your financial situation
- 341 meeting preparation - Explanation of what to expect and what questions the trustee may ask
- Timely responses - Responding to trustee requests and court orders within required deadlines
- Regular communication - Keeping you informed of case developments
- Document filings - Filing all required documents (tax returns, pay stubs, financial management course certificate)
After discharge
- Discharge explanation - What debts were discharged and what obligations remain
- Guidance on rebuilding - Basic information about rebuilding credit after bankruptcy
Model Rules of Professional Conduct: Attorneys are bound by ethical rules requiring competence (Rule 1.1), diligence (Rule 1.3), communication (Rule 1.4), and reasonable fees (Rule 1.5). These are not suggestions - they are mandatory obligations.