How To Choose The Right Lawyer

Which lawyer should I go to?

This is an extremely important question.

The bottom line is that experience does matter. And the more experience the better. What's hard is that...to the public...we bankruptcy attorneys sort of all look the same.

Filing bankruptcy will have a significant impact on your life for years to come.....and to makes things much worse, bankruptcy law is very complex, with many twists and turns, and traps for the unwary. In fact, it's so complex and complicated that non-bankruptcy attorneys tend to avoid it like the plague. If you need to file bankruptcy...choosing the right lawyer is critical.

Don't take chances.

Here are some of the questions to ask in order to find the best available bankruptcy.

"Click" on the topic of interest.  

1.Do you practice bankruptcy law full-time?
2.How many years have you done bankruptcy full-time?
3.How many bankruptcy cases have you filed?
4.How many Chapter 13 bankruptcy cases have you filed?
5.Do you attend all the Federal, State and local bankruptcy seminars?
6.Are you a member of the National Association of Consumer Bankruptcy Attorneys (NACBA)?
7.What GUARANTEES does the lawyer provide?
8.How good is the lawyer's reputation?

1. Do you practice bankruptcy law full-time?

In my experience, you want a full-time lawyer, who spends all his or her time getting better at representing people in bankruptcy. You want a lawyer who knows the Bankruptcy Code and the local rules....inside and out, who has a good, established credibility with the local Trustee, who has a good reputation before the local Bankruptcy Judge, who knows which way the local Bankruptcy Judge tends to lean on certain key issues, and who enjoys the respect of the local creditor lawyers.

What I believe you don't want is the lawyer jack-of-all-trades....who does a little of everything...including bankruptcy. Think about it. He or she may be great at handling a real estate closing, drafting a will or and taking care of a speeding ticket...but the fact is....if a lawyer does anything other than bankruptcy..... he or she is obviously not spending all his or her time learning and staying sharp on bankruptcy law. There is a reason that lawyers limit their law practices to one area of law or another....and you want the lawyer that does nothing but bankruptcy law for a living.

For instance....

What about the Law Offices of John T. Orcutt?

The answer is "Yes".

In fact....all 7 of our lawyers do nothing but bankruptcy law.

  • 2. How many years have you done bankruptcy "full-time"?

    You have to be careful here. Lots of lawyers advertise years and years of experience. But the question should be "How many of those years did you spend doing nothing but bankruptcy law?" Generally....the more years....the better. For example, full time for 10 years is way better than full time for a month or even a year.

    What about John T. Orcutt?

    John Orcutt has actively practiced bankruptcy law since 1985. John Orcutt has limited his practice to bankruptcy law since 1997.
  • 3. How many bankruptcy cases have you filed?

    You want the best lawyer available. In most cases....the more cases a lawyer has filed....the more experience the lawyer brings to the table.....and the more expertise the lawyer brings to the table....the better the result, benefit and protection you and your family will get.

    What about the Law Offices of John T. Orcutt?

    We file between 220 and 350 cases per month. We have filed over 30,000 cases since 1985.
  • 4. How many Chapter 13 bankruptcy cases have you filed?

    This is a very telling question. Lots of lawyers file a few Chapter 7 cases. Some even practice bankruptcy full-time......but only do Chapter 7 cases. In most cases.....Chapter 7 is much easier and less complicated than Chapter 13. In my experience.....the best, most experienced lawyers handle lots of both Chapter 7 and Chapter 13 cases
  • If the answer is "None", you may want to run (don't walk) away from that attorney. Even if the answer is 20 cases, that's not enough experience. Find someone who has done hundreds, if not thousands of Chapter 13 cases, and then don't stop there. Move on to the next question.

    What about the Law Offices of John T. Orcutt

    We have filed thousands and thousands of Chapter 13 cases. We estimate that we have filed over 20,000 Chapter 13 cases in all.

  • 5. Do you attend all the Federal, State and local bankruptcy seminars?

    Bar Associations and Bankruptcy Courts put on seminars every year. For instance, in the Eastern District of North Carolina, there are at least 3 different major seminars available to bankruptcy lawyers: The National Association of Consumer Bankruptcy Attorneys seminar, the North Carolina Bar Association Bankruptcy Section seminar, and the Eastern Bankruptcy Institute seminar.
    What about the Law Offices of John T. Orcutt?

    All 8 lawyers attend bankruptcy-law-related seminars every year...barring emergencies or scheduling conflicts.
  • 6. Are you a member of the National Association of Consumer Bankruptcy Attorneys (NACBA)?
  • This is the one national association for consumer bankruptcy attorneys. Not all good bankruptcy attorneys are a member, but membership in this organization is generally a good indication of a strong commitment to providing the very best in bankruptcy services to the public.
    What about the Law Offices of John T. Orcutt?

    All 8 of our lawyers are active members of NACBA. John Orcutt has been a member since 1996. Our Ed Boltz is a member of the NACBA Board of Directors.

  • 7. What GUARANTEES does the lawyer provide?

    This may seem like an odd question. Most lawyers don't provide any guarantees. I mean, who ever heard of a lawyer guaranteeing anything? But...why not? If the lawyer is really good at what he or she does, wouldn't that be reason to offer some assurances to make clients feel more comfortable and to prove to clients that...when push comes to shove...the lawyer will stand behind his or her services.

    What about the Law Offices of John T. Orcutt?

    We offer a complete set of "10 GUARANTEES", a set of GUARANTEES so bold my staff thinks I'm crazy to offer it...but I'm doing it anyway. Check out our guarantees. (Click Here To See All 10 GUARANTEES) As you can see, 4 of them include "Money-Back" GUARANTEES.
    Why would you settle for less?


    T hinking of hiring an lawyer? Use our guarantee program as a guideline, and then ask: "How about you? What guarantees do you offer?" If the answer is "None" or something like "We aren't allowed to guarantee anything"*...you may want to say..."Thank you" and high tail it to a lawyer who does.
    "But (you say), such and such lawyer is cheaper." You know the phrase: "You get what you pay for". The fact is that, almost by definition, less experienced lawyers are going to make more mistakes than more experienced lawyers...mistakes that can literally cost you tens of thousands of dollars and that can sink you and your family for years.


    The worse thing is that, likely, you won't even know it. Bankruptcy law is complex and complicated. Don't take chances with your family and your future. Demand a lawyer with experience...and who will stand behind his or her work. Make sure you demand a lawyer who offers...at a minimum...the same 10 guarantees we do...and, if not, keep looking.

    *There may be some State Bar licensing organizations that do not allow a lawyer to provide promises or guarantees.
     
  • 8. How good is the lawyer's reputation?

    You want a lawyer with a record of success who has earned and enjoys the respect of his or her colleagues, including bankruptcy attorneys, the Trustees and the local Bankruptcy Judges.
    But which of these people should I contact? Ask the Chapter 13 Trustee: Perhaps the best indication of whether a lawyer is one of the best is to call and ask the local Chapter 13 Trustee or someone on this Trustee's staff. The local Chapter 13 Trustee and the Trustee's staff know who the good bankruptcy lawyers are.

    The Chapter 13 Trustee deals with these lawyers on a regular....day to day.... basis. When you call one of these Trustees....you probably won't get to talk to the Trustee....but that's o.k. Just talk to someone on his or her staff. If the Trustee's staff is hesitant to recommend a lawyer....at least ask this. Which lawyers filed the most Chapter 13 cases....and then try to slip in this question: "Of the record....if you had to file bankruptcy....who would you use?" I suspect that most of the time, they will give you the name of one or more lawyers.....but one thing is for sure. They won't give you the name of a lawyer they know....who is clearly not a good bankruptcy lawyer.

    How do I find out who the Chapter 13 Trustee's in my area are?

    If you live in the Eastern one-half of North Carolina...these are the Chapter 13 Trustees:

  •  

  • John F. LoganRaleigh1-919-876-1355
    Robert R. BrowningGreenville1-252-758-6530
    Trawick H. StubbsNew Bern1-252-633-0074
    Richard HutsonDurham1-919-688-8065
    Richard StearnsKinston1-252-523-2295

    Elsewhere...The trick is to find out the name and telephone number of the local Chapter 13 Trustee. To get his or her name, you can call your local United States Bankruptcy Court and ask them. You can find the telephone number for your local U.S. Bankruptcy Court by looking under the listings for the United States government in your local telephone book. An easier way to find out the name of the Chapter 13 Trustee is to check out your local Bankruptcy Court's website. This can be found by going to: http://www.uscourts.gov/links.html . Generally, the Court's website will contain a list of the names and telephone numbers of all Chapter 13 Trustees. For instance, in the Eastern (Raleigh and east) and Middle (Durham and north and south of Durham) Districts of North Carolina, the websites are located at http://www.nceb.uscourts.gov/ and http://www.ncmb.uscourts.gov, respectively.