From an attorney's point of view:
1. You meet with 3 or 4 (or more) for opinions. Initial consultations are usually free. For each attorney you check with the State Bar to make sure that person has no disciplinary issues and carries malpractice insurance. (The State Bar of Arizona's “attorney look” up clearly discloses if the attny does or does not have insurance. My guess is that other State Bars do the same.)
2. You choose the one you are most comfortable with, not the one that is the cheapest.
3. Each time you meet with an attny, learn something. Build on that “something” with the next attny.
In the end, you hire the one your gut tells you is the most knowledgeable and best suited for your particular needs. Only you can pick the “winner”.
As to what they will or will not do after your case is over. . . One poster suggested that his/her attny will continue to represent him/her even 7 years down the road (long after the case is over). I tend to doubt that.
The Bankruptcy Code ( 11 USC 528) requires an attny to supply you with a Fee Agreement within 5 business days after your initial consultation if you are a “assisted person”. Section 101 defines an “assisted person” as one whose debts consist primarily of consumer debts, and whose non-exempt assets fall below a certain dollar amount. Regardless of the Bankruptcy Code, most, if not all, State Bars require an attorney to supply a Fee Agreement to their clients. Read the Fee Agreement carefully. It should tell you when the representation ends and exactly what the representation includes.
The Fee Agreement my Firm uses clearly states that the representation ends upon either the entry of a Discharge, the entry of a Dismissal, or by Court Order granting a Motion to Withdraw, whichever happens first. It further clearly states that the representation does not include any adversary proceeding which requires a separate hourly agreement if the client chooses to hire the Firm and the Firm agrees to the representation.
No attorney in his or her right mind is going to continue a representation after the case is over unless such is clearly part of the Fee Agreement. For my Firm, if an old client contacts me with a bankruptcy related issue, I will attempt to assist if I can. If it is a simply inquiry such is done without additional cost. If it is a major issue that is outside the scope of the fee agreement, the client will have to pay for my services under a new fee agreement. Unfortunately, one of the misconceptions clients may have is that their attorney remains there attorney until one of them dies. That is just not the case.
Remember, you need to do your own due diligence when seeking out any professional. The decision to “hire” is up to you.
Des.
