Stand-In Attorneys Don’t Hold Water in Some Courts

Today with the increased bankruptcy filings throughout the Nation, attorneys are changing the way the run their practices. The model that is being developed does not sit well with many including the courts.

When a client comes in and meets with an attorney and then signs a representation agreement, that may be the last time, the file or that attorney even touches the file. Clients need to be sure to question the attorney to be sure that the attorney is doing 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 that they do not approve of this “model” of attorneys office practices.

In a recent opinion by Judge Jeff Bohn (Consumer Bankruptcy News – Volume 23, Issue 19) he stated:

“The use of appearance attorneys deprives clients… Such a practice is insulting to the client, the Court, and the principles upon which the judicial system is built. Attorneys are not fungible. Attorneys are not all equal to each other, either in their courtroom abilities, their understanding of the law, or in their communicative skills.”

Clients choose a firm and an attorney for a reason, and clients have a right to be represented by the attorney of their choice during all portions of their case.

The justification for certain consumer bankruptcy attorneys that their business model will not work unless they are allowed to use appearance attorneys HOLDS NO WATER with this Court. If a firm’s business model conflicts with the professional standards of the legal profession, the former must give way to the latter.”

Be sure to ask when you interview or have your first meeting with an attorney, who will be handling my case?

  • An assistant,
  • Another attorney,
  • Appearance attorney???

When an attorney takes a case, they should initially meet with the client to understand and become familiar with the client’s needs. After that time, a Representation Agreement is agreed upon and signed.

As for Bankruptcies, there are many important deadlines and criteria to meet to finalize what type of bankruptcy is right for the client. During this time, a learning period begins for the attorney where he/she becomes very familiar with the case and interacts closely with the clients.

As the information and data are collected from the client, the attorney is able to fully understand not only the client but also the details of the case. Most of the time, there is a great deal of interaction between the client and the attorney. Much is learned about the client’s financial situation, 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 is there to assist and explain the petition that was put together for the client.

If an attorney who worked on the case does not come to Meeting of Creditors but sends an alternate attorney, how can that alternate attorney/stand-in attorney provide the proper representation and support to that client?

I don’t recommend having someone stand-in for an attorney when dealing with bankruptcy cases. Do you?