Today with the increased bankruptcy filings throughout the Nation, attorneys are changing the way the run their practices. The model that's being developed does not sit well with many like the courts.
When a client will come in and meets with an attorney and then signs a representation agreement, which may be the last time, the file or that attorney even touches the file. Clients should be sure to question the attorney to be sure that the attorney does more than meeting and turning over the file to an associate or paralegal. It is also key to ask whether that attorney will appear with you in Court matters, e.g. Meeting of Creditors.
The Courts have noted they do not approve of the "model" of attorneys office practices.
In a recent 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 the client, the Court, and the principles upon which the judicial system is built. Attorneys aren't fungible. Attorneys aren't all equal to one another, either in their courtroom abilities, their knowledge of the law, or within their communicative skills."
Clients select a firm and an attorney for a reason, and clients have the right to be represented by the attorney of these choice during all portions of these case.
https://legal.com for several consumer bankruptcy attorneys that their business model won't work unless they're allowed to use appearance attorneys HOLDS NO WATER with this particular Court. If a firm's business design conflicts with the professional standards of the legal profession, the former must cave in to the latter."
Make sure to ask once you interview or have your first ending up in an attorney, who'll be handling my case?
An assistant,
Another attorney,
Appearance attorney???
When an attorney takes a case, they should initially meet the client to understand and be acquainted with the client's needs. After that time, a Representation Agreement is arranged and signed.
As for Bankruptcies, there are several important deadlines and criteria to meet to finalize what sort of bankruptcy is right for your client. During this time period, a learning period begins for the attorney where he/she becomes very acquainted with the case and interacts closely with the clients.
As the information and data are collected from your client, the attorney has the capacity to fully understand not merely the client but additionally the details of the case. Usually, there is a lot of interaction between your client and the attorney. Much is learned about the client's finances, spending habits, debts, how 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 will there be to aid and explain the petition that was put together for the client.
If a lawyer who worked on the case will not arrived at Meeting of Creditors but sends another attorney, how do that alternate attorney/stand-in attorney provide 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. Can you?