I thought of the idea for this blog over the weekend while sitting with my husband at a restaurant. My husband was going on about how a friend of his was in the midst of a divorce and decided he didn't need an attorney. My husband went on to say that his friend's wife had retained an attorney, but that his friend was thinking he just didn't need an attorney because it was just a simple divorce.
Ok....I'm going to take a deep breath, because even though it has been more than a few hours since this conversation took place, I am still trying to figure out why so many people think that having a lawyer is not necessary. Seriously, I would love to know. Please post your comments because I am fascinated by the fact that people think they can be their own best lawyer. The most obvious reasons I can think of as to why a person would believe that they don't need to be represented by a lawyer is cost. I think people often believe that an attorney is going to cost much, much more than they can afford. While it is true that attorneys fees (especially in something like a divorce) can be very expensive costing $10,000.00 or more....I even remember hearing someone spent over $100,000.00 on a divorce in six months while represented by a large downtown firm. However, attorney fees are not usually this expensive. A divorce that isn't highly contested will more likely run about $1,500.00 to $2,500.00. A bankruptcy will likely run between $1,500.00 and $3,500.00 (and the majority of the $3,500.00 fee is paid over time). Other than cost I can't really come up with a legitimate reason people feel they are best without counsel.
Do people think that attorneys are really not that smart and that they don't know any more than the average person about the law?? I am not saying that every attorney is an expert on every area of law....actually, it is quite the opposite. Take myself for example, I would not be fit to represent my husband's friend in a divorce. I really know very little about divorce. The same thing goes for criminal law. I joke that a person who has been arrested knows more about criminal law than I do. I focus on bankruptcy, personal injury and civil litigation and do not accept cases outside of those areas. But what I think the average person needs to remember is that they don't know what they don't know. I have had cases that I have thought about for hours or even days. Cases that require extensive legal research and cases where the smallest change can effect the entire outcome.....and the most common theme about these cases is that my clients would never have know that the smallest point that I have been obsessing over was even an issue. And why should they? My clients aren't stupid, but they didn't spend three years in law school and aren't in the practice of law. My clients don't know bankruptcy rules or procedures the same way that I don't know how to change oil on a car, how to install hardwood flooring or how to remove a spleen.
There is an old saying that "only a fool represents himself" that I agree with completely. Even though people have the right to proceed pro se, without a lawyer, it does not mean it is a good idea to proceed without a lawyer. So, even if you agree with me that a lawyer is necessary if you find yourself in need of a divorce, bankruptcy, will, etc., how do you know which attorney to select?
The answer to this question is much more complicated and personal. I typically tell clients to select an attorney that you feel comfortable with and confident in. After you meet with an attorney if you do not feel the attorney can or will represent you zealously then move on to the next attorney. There are many, many attorneys practicing law and there is really no reason to move forward with an attorney you don't trust. If there is no trust in your relationship it will be a much more stressful time and it is doubtful that the attorney/client relationship will last.
Another thing I think people should keep in mind is that, just like with a plumber, electrician or accountant; price should not be the only determining factor in which attorney you select. I am not saying that you should not take price into consideration at all....after all, you need to be able to afford to pay your attorney. But keep in mind that your experience with a bankruptcy attorney that charges $800.00 for a Chapter 7 bankruptcy might be different than the bankruptcy attorney who charges $2,500.00 for bankruptcy. For example, will the attorney be available to return your calls? Will an attorney put together your bankruptcy or will this be done by a paralegal? Will the same attorney work on your case from its filing to discharge? Will you know the attorney who shows up to represent you at your hearing? Will there be 20 other people there the day of your hearing all being represented by your attorney? On the other hand, do you need Starbucks coffee with fresh bagels at your attorney's office each time you meet? Is your attorney's office filled with expensive art and accessories? Is your attorney driving the most expensive vehicle you have ever seen in person?
The bottom line is that you will need to decide where your comfort level lies in selecting an attorney based on price. If you want a lot of hand-holding, maybe it is worth it to pay for the attorney who will personally guide you through the process and if you are not worried about going to court and don't really care who shows up to represent you maybe the less expensive attorney is the way to go. Remember, no matter what the price make sure that you are comfortable with the attorney. Make sure that you think twice before proceeding without an attorney. And keep in mind that you don't know what you don't know.
I know this blog was not as much about money management or bankruptcy as most, but I felt that it was important to speak on this topic because if I live to 100 I may never understand why people think they don't need an attorney due to a "simple" case (I have never had a client who thought their case was anything but simple).
As always, if you are a Carmel, Indianapolis, Lebanon, Zionsville, Kokomo, Anderson, Fishers, Tipton or Noblesville resident and are considering bankruptcy I am happy to sit down with you for an hour to review you income, expenses, assets and debts. I will explain the bankruptcy process personally and answer your questions and there is no fee for this initial consultation. Simply call my office at (317) 575-8222 for your appointment at Halcomb Singler, LLP.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
Erika: I wanted to say that on this topic, I think that cost is important. It's often a driving factor. But the simple fact is that an attorney's work is important and costs money, no matter who you're hiring, and so you should be finding the person you feel the most comfortable with spending that money on. While it may be easy to be biased in saying this, as I've been one of your clients, it was your one-on-one attitude and conversational attitude that made me decide on you. You explained things, and didn't seem "too busy" to do so. That's not the case with others. Another aspect: your blog here is an important relationship-building tool, and it helps clients and potential clients see who you are. That is also very important. In one of the scariest and most uncertain times in a person's life, you were not judgmental and were careful to balance the emotional aspects of bankruptcy with the real world financial picture side. And that is so very important, and something that I think is necessary in finding the right lawyer.
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