Friday, May 11, 2012

What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?

11 May 2012

This is common question posed by a prospective client when they are “shopping” for a bankruptcy attorney to file under chapter 7 or chapter 13, especially by those that put a significant emphasis (often an overemphasis) on price. This post raises one consideration for those that emphasize price when choosing an attorney on a fixed fee basis.

A real low (fixed fee) price may seem attractive because you are used to shopping for a product that is the same from store to store. But that is not the situation when purchasing professional legal services. There is a reason (or many reasons) the price is so low, when comparing fixed fee quotes. I suggest that it is quite likely that in order for the cheapest lawyer to be profitable he will invest less time in a case than other lawyers would and/or he simply cuts corners. As the cheap lawyer operates in this way, the risk of mistake, a mistake that could cost a client (that is you) a loss of rights, property, or funds, increases dramatically.

If such a mistake is made in your case and you are damaged, this may give rise to a legal malpractice case. Pursuing such a case is not an easy task, for one significant reason. It is that, except in the most clear, egregious situation, proving a malpractice case requires an expert to testify on your behalf to argue that the services rendered (or not rendered) by your prior attorney fell below the standard of care. And an expert costs money, a lot of money. So you may have a great case but find yourself unable to pursue it because of the great costs. This is why you should take every step you can to avoid engaging a lawyer that is more likely to make a mistake, and I suggest that means avoiding the cheapest lawyer.

As grandmother used to say, an ounce of prevention is worth a pound of cure. Or as some say, you get what you pay for. This is a consideration for those of you putting too much of an emphasis on price when questioning how much a chapter 7 or chapter 13 bankruptcy costs in Massachusetts.

3 comments:

  1. Filing for bankruptcy is not part of anyone’s life goals and achievement. Sometimes, however, life throws you a massive curve ball, and you have no choice but to file for bankruptcy. The first step is to seek for reputable bankruptcy attorney who is experienced enough to help you to sail smoothly through the whole process. After all, just having to go through it is stressful enough. Fortunately, the economy is still tight and such services might be a big help.


    Lance Simonetti

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  2. Filing for bankruptcy is like investing in something in a sense that you have to shell out money to ensure a result. In this case, you have to allocate money for the attorney’s fee. So make sure you choose a lawyer who has a good track record, one who has proven to be successful in his chosen specialty. Trust is also important. Choose a lawyer with whom you can fully communicate your concerns.

    -.Louisa Matsuura

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  3. When you’re looking for an attorney to help you with your bankruptcy case, it would be great if the attorney was referred to you by a friend or family member. This way, you can both negotiate the fee. But if you just searched online, it would be best if you will choose the one with extensive background. But be ready for the possible expensive rate that he/she will offer you.

    >Cade Culpepper

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