As I continue to work through (in my mind) the issues raised by the proposed auction at 115 Cottonwood in Fairhaven, I recall attending a seminar where one of the speakers remarked that consumers have become “Blackberried.” Specifically, the speaker mentioned that clients had a tendency to send via Blackberry or email a specific legal question, and then call within 10 minutes or so wondering why no response to the question had been provided. The speaker remarked at how clients wanted information “now” – but lawyers on the other hand, sometimes need time to think and analyze before responding.
The same can be said for certain practice areas. For many years, I thought that consumer bankruptcy practice was just completing forms and filing them. Many, many years ago, before I embarked out on my own an old friend and colleague from law school told me that the only way to practice bankruptcy law successfully was by “volume.” That might have been true (way) back then, before BAPCPA was enacted, but it’s not the case now. And it cannot be.
When I got out of law school, the thought of being a bankruptcy lawyer never entered my mind. In fact, it was the last thing I wanted to do. I viewed it as little more than completing forms. Over time, I learned that I was wrong.
And a few years later, when a partner at the firm I started at and someone who I view as both a mentor and friend joined me for dinner here in Boston, I told him that I was practicing bankruptcy law. He was shocked.
Actually, I think he was even a bit disgusted.
He viewed consumer bankruptcy attorneys as slackers. In other words, they were not “real lawyers.” They were “form fillers.” I told him I was different. I told him that that was not the sort of law that I was practicing – since, frankly, I had started my practice while working under his tutelage and knew better. At that time, I remember having some concern that his perception of me might be adversely affected by my revelation. But it made me all the more determined to prove him wrong.
Certainly, I learned that my law school friend was right: the only way to run a successful form-filling business is to have a volume practice. But bankruptcy cannot be legitimately considered form-filling law practice. Why? Well, for bankruptcy lawyers, all one need to do it read through the US Bankruptcy Code that was in effect on October 14, 2005 – and the code that became effective on October 17, 2005 to see why. Due diligence, contemplation and analysis are needed in every bankruptcy case – at least if it is going to be done properly.
I want to be fair: I’m far from error free. I try my best. The fact that I do not run my law practice like a drive-through at the local fast food restaurant helps me do that better – and it better serves my clients…since ultimately all they want is some reasonable assurance that everything will be work out in the long run.
Related posts:
- IRS Form 1099-C: Discharged Debt is NOT Income
- Cheap Becomes Expensive
- Top Five Avoidable Bankruptcy Mistakes
- The Easy Life of a Consumer Bankruptcy Attorney
- Wondering What a Bankruptcy Attorney Really Does?
Tags: attorneys, Commentary - Legal, Petition Preparers and Fees
Just read your piece. you’re suffering from the same chronic disease as the rest of our society. we’ve been brainwashed. credit good – late payment bad. after almost 30 years of near perfect credit a number of things crossed paths – aligned with one another – and chapter 7.
I’m not going to do the whole “my story” thing. it doesn’t matter. what matters is we’re boiling frogs and they look just like us.
we have been stepford wived into our own descending oblivion. as a society we’ve allowed one theme to grasp us by our gonads – greed is good.
in the 70’s and early 80’s my father managed some small time bookmaking for some special friends. i would on occasion be there when he met with those folks and others. the interest on the notes he carried was usually in the 12-20% range.
by the late 1990’s banks had convinced american society that paying 20-29% was our due. was our heritage. was my future. and my childrens futures. that owing money and paying incredible amounts of interest to parties that produced nothing of substantial value was right and proper.
I’m here to tell you thats a pile of steaming horse-shit.
getting smart enough to file chapter 7 – smart enough to halt the blood letting, smart enough to know that life is a lot more like a board game than a board game is like life. I suddenly realized that having an 800 credit score wasn’t worth dying for. wasn’t worth destroying the family over, wasn’t worth worrying about what others think, thought or would one day think.
all i care about is regaining my personal freedom. I got that back when i told all my blood sucking creditors to find another host. actually filing chapter 7 and ending the bullshit harrassment calls from weasels likely in greater financial dire straits than myself really made my day.
you cant save a credit rating thats only asset is its historical in-significance. which is reality. you can make payments for 25 years and 11 months – they won’t call and thank you. miss that 25 years and 12 month payment and you’re floating in the toilet like yesterdays lunch and the sooner folks get a grip on that fact the faster they can flush their beloved history and start over again.
my point is – the industry needs blatant unadultured supporters. needs folks that tell other folks it’s not just okay to file chapter 7 – it’s right. it’s the only way the abuse will ever get reigned in. the industry weight needs to be so heavy that lifting it requires a hoist.
I’m not apologizing for paying out hundreds of thousands of dollars in interest over the years. i’m not whining over it. i’m just saying its done and there’s nothing they or anyone else can do about it. it’s over and chapter 7 – as hard as it was to get started – couldn’t have gone any smoother and people should know that. there is a way out.
there should be an industry in here that doesn’t need to live behind drawn shades and bowed heads. think about it. theres a smarter way to make money saving others a lot more money..
cordially & respectfully..
Scott Greenhalge
Asheville NC