Attorney Experience

[elmo987elmo]

What is the name of your state? MN

My brother has decided to file for bankruptcy and I went with him yesterday to meet with the attorney he has hired. I can tell by the certificates on her wall that at most she has two years of experience. Is this necessarily a bad thing? Are there specific questions I can ask to make sure she has enough experience and a good enough track record to handle the case?

[seniorjudge]

Originally Posted by elmo987elmo

What is the name of your state? MN

My brother has decided to file for bankruptcy and I went with him yesterday to meet with the attorney he has hired. I can tell by the certificates on her wall that at most she has two years of experience. Is this necessarily a bad thing? Are there specific questions I can ask to make sure she has enough experience and a good enough track record to handle the case?

Q: Is this necessarily a bad thing?

A: No.


Q: Are there specific questions I can ask to make sure she has enough experience and a good enough track record to handle the case?

A: Yes. Ask her if she is sure she has enough experience and a good enough track record to handle the case.

[bigun]

Anything complicated about your brothers situation?

[elmo987elmo]

I'm not sure whether anything would be considered complicated. He doesn't own a home and his total assets probably come in under $6000 (including a vehicle worth $3000). I believe most (or all) of this would be considered exempt property. He consolidated all of his credit card debt onto one card in November 2005, so he has approximately $18000 of credit card debt with one company (MBNA) and $90000 in student loans (though I know this cannot be discharged).

He made payments toward the credit card through January 15, 2006, but he no longer has any money, other than some that my husband and I have loaned him over the past two months. He has been plagued by mental health problems over the last two years, culminating with a suicide attempt about two months ago. His income during 2005 was less than $10000.

I'm not sure that it matters, but he attempt to "settle" with MBNA several times over the past six weeks. My husband and I decided to loan him $8000 if MBNA was willing to settle for that, but they weren't, so he has decided to declare bankruptcy.

Does any of this complicate matters at all? I will appreciate any advice you have to offer. Thanks

[seniorjudge]

Originally Posted by elmo987elmo

I'm not sure whether anything would be considered complicated. He doesn't own a home and his total assets probably come in under $6000 (including a vehicle worth $3000). I believe most (or all) of this would be considered exempt property. He consolidated all of his credit card debt onto one card in November 2005, so he has approximately $18000 of credit card debt with one company (MBNA) and $90000 in student loans (though I know this cannot be discharged).

He made payments toward the credit card through January 15, 2006, but he no longer has any money, other than some that my husband and I have loaned him over the past two months. He has been plagued by mental health problems over the last two years, culminating with a suicide attempt about two months ago. His income during 2005 was less than $10000.

I'm not sure that it matters, but he attempt to "settle" with MBNA several times over the past six weeks. My husband and I decided to loan him $8000 if MBNA was willing to settle for that, but they weren't, so he has decided to declare bankruptcy.

Does any of this complicate matters at all? I will appreciate any advice you have to offer. Thanks

I will appreciate any advice you have to offer.


Don't do this:

My husband and I decided to loan him $8000....

[You Are Guilty]

At a 341 meeting last year, while representing a creditor, I had the good fortune to run up against a debtor's attorney who had just been admitted about 3 weeks prior. Needless to say, that meeting went very well for my client

On the other hand, 2 years is a different story. One can learn a lot in that time. Easiest solution is to question the attorney yourself regarding their experience and see if they make you feel comfortable.

[seniorjudge]

Originally Posted by You Are Guilty

At a 341 meeting last year, while representing a creditor, I had the good fortune to run up against a debtor's attorney who had just been admitted about 3 weeks prior. Needless to say, that meeting went very well for my client

On the other hand, 2 years is a different story. One can learn a lot in that time. Easiest solution is to question the attorney yourself regarding their experience and see if they make you feel comfortable.

When I was a snot-nosed kid just out of law school, I won a case before the tax commission because the seasoned lawyer for the government didn't Shepardize.

[You Are Guilty]

Originally Posted by seniorjudge

When I was a snot-nosed kid just out of law school, I won a case before the tax commission because the seasoned lawyer for the government didn't Shepardize.

It's always the little things, isn't it? I won because the snot-nosed kid "forgot" to list his client's $500k house as an asset

[seniorjudge]

Originally Posted by You Are Guilty

It's always the little things, isn't it? I won because the snot-nosed kid "forgot" to list his client's $500k house as an asset

Major duh!

[mperry60]

I have a question. Why do so many people who come on this board looking for help with THEIR bankruptcies fib and pretend to be asking questions for their 'brother' or 'sister' or 'cousin' or 'friend'.

Seriously.

[garrula lingua]

Embarrassment.


....I have always been unable to stifle the urge to protect a new atty.

Most Judges, and wizened attys seem to have that reaction....also, new attys often do wild, unpredictable things for their clients, that WORK (bc they are wild & unpred.) !!!

Most new attys still have fire in their bellies and a recent knowledge of the law - old, grizzled attys (like me) dread them (just don't pay to train them).

[SkankCheese]

Originally Posted by mperry60

I have a question. Why do so many people who come on this board looking for help with THEIR bankruptcies fib and pretend to be asking questions for their 'brother' or 'sister' or 'cousin' or 'friend'.

Seriously.

B/c some people really do ask for their brother, sister, friend, etc.

Or at least I do.