Even though I have written and spoken publicly about the perils of representing oneself in bankruptcy, people still do it. I recently came across a case where a lawyer – with a boatload of legal problems – was sanctioned for essentially abandoning his clients during a bankruptcy case. But I’m not writing about that lawyer or what he did that got him into so much hot water with the Bankruptcy Court. Rather, what I write about today is what District of Massachusetts Bankruptcy Judge Melvin Hoffman had to say about the bankruptcy process, and the role of a debtor’s attorney. So if you’re still thinking you can or should go through the bankruptcy process alone, take a few minutes and read this.
Posts Tagged ‘pro se’
Cheap Becomes Expensive
Tuesday, May 18th, 2010
Like many attorneys, I get calls from prospective clients asking me what my fee is for a bankruptcy filing. It’s not a particularly difficult question to answer – in theory. But at the same time, it is. Generally, I know that if their concern is price, then who they retain as their attorney is not all that important to them. But I also get calls from prospective clients who have or had another (and less expensive) attorney who now is not performing at what they believe is an acceptable level. Perhaps they aren’t returning calls. Perhaps they are not giving straight answers to honest questions. Or perhaps better said, the cheap attorney doesn’t know what the hell they are doing. The desire to go cheap has now turned into something expensive. (more…)
Another Reason Why Going Pro Se is a Bad Idea
Wednesday, October 21st, 2009
There are many reasons that people choose to represent themselves (what is referred to as pro se) rather than hire an attorney. Rarely are any of them good reasons. To a lay person, I realize that this sounds almost disingenuous coming from someone who is an attorney – but the law is serious business. A recent decision from the US Bankruptcy Court in Massachusetts should serve as a reminder to anyone considering the pro se option that do so may invite undesirable consequences. (more…)
Filing Bankruptcy Without an Attorney
Friday, April 10th, 2009
According to a New York Times article, more and more people are representing themselves in court. I have had much experience counseling debtors who have initially elected to seek bankruptcy protection without the benefit of counsel. There are many reasons for this: the lack of money to hire an attorney being one of them, if not the biggest. Another, and perhaps more troubling reason is that pro see filers have a belief that a judge will help them through the process.
From the article:
Judges complain that people miss deadlines, fail to bring the right documents or evidence and are simply unprepared for legal proceedings. Such mistakes make it more likely they will fare poorly – no matter the merit of their cases.
This applies in any courtroom, and in any legal proceeding. If you want to represent yourself, you have to be prepared. That means, you have to know what the legal issues are (not what you think the legal issues are or should be) and have your ducks and documents all lined up. It also helps if you know the law.
But relying on the judge to help your is tantamount to ignoring that the role of the judge actually is. As the Times discusses:
Overseeing a proceeding where one or both sides lack lawyers puts a judge in a difficult position: The judge is supposed to be neutral but also has an interest in moving things along.
“If you see a person making a terrible mistake, you can’t always jump in and save them,” said Judge Borbely, the circuit court judge in Vermilion County, Ill. “You cannot take the role of an advocate.”
To ensure fair outcomes, courts must do more to help people navigate the courts, said John T. Broderick, the chief justice of New Hampshire. “If you and I went to the hospital and they said, ‘Do you have insurance?’ and we don’t, and they said, ‘There are some textbooks over there with some really good illustrations,’ ” Judge Broderick said, “we would think that was immoral.”
At the same time however, while courts can and do offer navigation assistance (such as the Pro Se Clerk at the US Bankruptcy Court), they cannot offer legal advice and the judges cannot be your advocate.
Thinking About Representing Yourself?
Sunday, February 26th, 2006
It sounds tempting. Representing yourself in a bankruptcy case rather than hiring an attorney. You save the legal fees. You save the time involved dealing with a lawyer, meeting in the office and responding to requests for information. Plus, if they sell “do it yourself” kits in office supple stores, how hard can it be?
If you’re not going to “do it yourself”, why not get the cheapest lawyer around? If lawyers are advertising bankruptcy services for just a few hundred dollars, why spend more?
Readers might think it is disingenuous for me to tout the reasons why one needs a competent attorney guiding them through the bankruptcy process. They might even think it more disingenuous for me to remind them that “you get what you pay for.” Over my morning coffee I happened upon an article at The Sheboygan Press that addresses this important issue. I’ll let it do the talking, and you can decide for yourself.
You’ll find the article here