Commercial Litigation Attorney NY

Business Law and Business Litigation in South Florida

admin — Mon, 29 Dec 2008 05:41:15 +0000

Every business needs legal counsel and hiring a proven business attorney to advocate for and protect the interests of your company saves money and brings peace of mind. There are an unlimited number of situations in South Florida’s commercial environment that involve business and legal procedures, but the panorama can be broken down into traditional categories.

Whether the subject matter involves services or goods, agreements are an indispensible component to business transactions. In fact, it is no exaggeration to say that the art of drafting and interpreting contracts is the foundation of all business law.

One of the major functions of the business law practitioner is to provide comprehensive and accurate review of the provisions to an agreement and ensure that the parties understand the terms of the transaction into which they are entering. Similarly, a trained business attorney is skilled at listening to the parties and writing contractual clauses that clearly and precisely reflect their intentions. The attorney’s ability to accomplish these tasks directly bears on both the likelihood of disputes arising between the parties down the road and the possibility of incurring penalties as a result of non-compliance with rules and regulations.

Bear in mind that parties to an agreement will always have at least some adverse interests. Accordingly, in most instances contracts should be reviewed, negotiated, and/or drafted by separate counsel representing each party individually. The reality is that the party with the more skilled business lawyer is likely to come away with certain advantages.

Another real-life consideration is the business attorney’s demeanor. Business negotiations are a very delicate matter. One of the fears business professionals have is that after they have laid the groundwork for a business relationship with another party, their attorney will show up and wreck the deal by aggressively seeking more favorable terms and/or by bringing up issues that lead to conflict. To be fair to the attorney, he or she is only trying to look out for the client in this situation. However, the bottom line for the client in such a case is that the deal is gone. It requires a certain amount of wisdom and grace on the part of business counsel to ascertain the situation, weigh the consequences of making certain statements against not making them, and choose the appropriate comportment in order to walk the fine line that leads to true advocacy of the client.

The subject of business litigation is one that must be fully and frankly considered since business ventures and business relationships often do not work out as planned. Some business attorneys focus their practice on litigation and dispute resolution. Such practitioners are business litigators, and they have a different skill set from the transactional lawyers that draft and negotiate contracts.

First, the steps involved in litigation are complex, and failure to following proper procedures invariably leads to delay, expense, and/or defeat. To further complicate matters, there are several different codes of civil procedure that apply depending upon the issue, amount in controversy, and the county. Many times you may need a business attorney just to determine in which courthouse to file the lawsuit.

A business litigator knows the correct legal forms to use and the proper procedures for each courthouse. Also, the litigator is adept at presenting the facts of the case and the legal support for the client’s claim both on paper, in the form of a pleading, and before a judge, in the form of oral arguments. Each of these can be daunting tasks for a business professional without legal training and experience. Where the amount of money in question is relatively small (under $5,000 in Florida’s Tri-County), the business professional may bring the matter in Small Claims Court pro se, where some judges may have more patience with non-lawyers. Many times, however, it is a bad idea to go into even a small claims matter without a qualified business attorney. Some judges dislike non-lawyers representing themselves or their companies because they invariably make mistakes and end up wasting the court’s time. Once the amount in controversy gets over a certain limit (over $15,000 in Florida’s Tri-County), the court will require that business entities be represented by legal counsel and failure to do so will mean losing the case.

Legal Matters – Power Of Attorney

admin — Tue, 23 Sep 2008 07:42:28 +0000

A person can issue a letter to another person authorizing him to act in business or legal matters on his behalf and this is called a letter of attorney, or power of attorney in common law. The person who is issuing the power of attorney is known as principal and the person who acts on behalf of the principal is known as attorney-in-fact or agent. The attorney-in-fact is authorized to sign documents in the name of the principal.

When a person is incapacitated because of some ailment and could not sign a cheque, that person can request another person to do so through oral instructions. Institutions such as banks, hospitals, IRS in the US insist on a power of attorney in writing to honour the instructions and they normally take up the original letter with them for their records.

The signature of the principal in a power of attorney should be notarized to get a legal status similar to the case of signatures in any deed in normal circumstances which are notarized. This process is known as “equal dignity rule”.

The scope of the power of attorney can be defined in the letter itself. It can be a limited power of attorney to carry out specific acts or it can be a broad or general power of attorney to carry out any and all acts on behalf of the principal. A court will interpret the scope of power of attorney, exactly as described in the letter. A time limit can be set to a power of attorney.

Upon the death of the principal, the power of attorney becomes invalid. It also becomes invalid when the principal becomes incapacitated due to mental illness or physical injury unless a provision is made in the original power of attorney specifically exempting such provisions.

This type of “durable power of attorney” or “living will” enables the agent to make decisions regarding the health care of the principal in case it is needed.

In a “springing power of attorney”, the power granted becomes valid only when specific acts described in the letter takes place – such as illness, which incapacitates the principal – in the future. Due to the privacy legislation in US, doctors will not provide medical history or related information regarding the capacity of the principal unless specific authorisation is given in the power of attorney.

The principal of a power of attorney can revoke the powers granted by informing the attorney-in-fact that it is revoked.

A template for various kinds of power of attorney with standardized forms are available for use and various organizations also provide the same to their customers, patients, clients, members or employees.

To Resolve a Business Dispute or not

admin — Wed, 03 Sep 2008 06:22:37 +0000

In business, collaboration is needed, arrangements are made and agreements are created, but there are cases when businesses fail to honor their end of the deal. Businesses may also disagree over the terms of a contract they have entered into. These are called business disputes. They arise in the following instances:

• Breach of Contract – takes place when a party involved in a contractual agreement fails to uphold his or her contractual obligations

• “Tortious” Interference with a Contract or Contract Disputes – when a party deliberately restrains another party’s ability to uphold his or her end of the contract

• Failure to pay for goods and services – when a party fails to pay the products and services provided by another party

• Insurance claims and disputes – when an insurance company fails to pay or compensate for the losses of a business entity

• Executive employment contracts – disputes regarding executive employment contracts

• Partnership disputes – a dispute between two partners within a business entity

• Intellectual property disputes including copyright, trademark and patent litigation

If you enter into an agreement or contract with another company or business, it is vital to review the contract first, and study the terms and condition stated therein, prior to signing the papers. The contract may include clauses that dictate how you should resolve a dispute. It may also indicate if your contract calls for an arbitration or mediation.

Arbitration is a legal technique for the resolution of disputes outside the court, wherein the parties in a dispute refers it to one or more persons, called “arbitrators.” The arbitrator/s listen to both parties problems and arguments, then decides on a resolution for the disputing parties.

The decision of the arbitrator must be adhered to by the parties. This is called as the “binding arbitration”, and is considered final.

Mediation is another form of alternative dispute resolution (ADR), who aims to assist two or more disputing parties into reaching an agreement. The arguing party themselves, and not the third party (mediators), will be the ones to determine if they have come to an agreement or not. This, on the other hand, is referred to as “non-binding arbitration.”

If your contract does not contain any clause of resolution, then the best option to resolve a dispute is to hire a business lawyer. A lawyer may act on behalf of a party, and talk to the other party to figure out a resolution. If no resolution can be settled, then the dispute may lead into business litigation.

The purpose of business litigation is to prepare and present lawsuits to the court with the intention of determining the legality of a business matter or dispute of a situation.

When a person gets involved in a business dispute because another party refused or failed to honor the agreement with them, then a business dispute lawyer can help them make the necessary legal actions to bring their cases in court.

A business dispute lawyer does not necessarily have to be expert in Business Law. Trial lawyers who are experienced and knowledgeable in litigation can also provide the legal assistance they need.

For more information on how to obtain positive settlements in a business dispute, log on to our professional Los Angeles lawyers website. You may also fill out our case evaluation form to get free expert advice from our legal team.

California Business Attorney’s Mission

admin — Wed, 13 Aug 2008 20:23:40 +0000

Like in any other states in America, business ventures in whole stretch of California have become vast and have held a huge space in the economic boom within the region.

Several companies having various business outlooks and varied business endeavors have gained spots in the spectrum of business cycle in the state.

Several forms of business were constituted within California. These ranged from small size companies, to sole proprietorship or professional partnerships to huge corporations.

With the growing business cycle and sophistication of doing business, the state of California found it necessary to regulate business ventures.

Several implementing laws are legislated, from the classification of businesses, to its incorporation or constitution, all the way to the regulations and the transactions itself. These have been subjected to minimal intrusion so that the business flow would attain stability and healthy competition would be approximated.

With these laws, several business law firms that cater legal services in reference to the mechanics of doing business within the state of California have emerged.

California business attorneys have been constantly monitoring the flow of business within the region and have vast expertise on the intricate issues that invaded business most particularly the legal matters.

To further explain some business issues, legal matters and dilemmas that most business encounters in their business endeavor would be worthwhile.

Common Business Matters

Whether you are an owner of a small business or a CEO of a huge corporation or a business partner, it is beyond cavil that you will be facing some legal matters, disputes, decisions and business issues.

To be specific, issues relating to business may be capsulated with these headings:

• Issues relating to the establishment, formation, constitution or incorporation of a corporation, limited liability companies, partnerships (general or limited), joint ventures and sole proprietorships.

• Business governance issues, including issues on corporate resolutions, records and meetings.

• Employment law or agreement issues

• Contract negotiations, stipulations and venture

• Business litigations, disputes including stockholder disputes

• Financing issues, asset protection, bankruptcy

• Taxation issues

• Loan transactions, securities agreements

• Stocks issues in certain types of business

• Government compliance and regulations issues

• Intellectual property law issues, most particularly trade secrets violations

• Real Estate including rental or lease agreements

• Other, analogous business related cases

The above-enumerated business issues are not exclusive, and are only a condensed outline of the common business predicaments.

With these, California business attorneys have devised strategic practice areas that they would concentrate on in their legal services.

Corporate legal professionals have continuously monitor business progress within the region. These would readily make them knowledgeable in all business matters with the hope of providing detailed advice to their client’s predicaments.

With the fast-paced movement of business, as well as the ever-changing conditions of business, the legal issues also have become more complex. The business attorneys have anticipated this area, and have devised a conscious scheme of meeting the demands of the times.

These legal professionals have all the necessary business acumen and legal knowledge to meet the legal needs of their clients.

Corporate attorneys have mastered this area of law, have fully dedicated their time, and career in this venture.

Undeniably, these were the California Business attorney’s mission.

To better understand the other matters involving the legalities of doing business in California, log on to our website and consult our business law attorneys.

Business Laws Unveiled

admin — Tue, 22 Jul 2008 19:08:25 +0000

Each and every person in this world must have at least once thought about opening some sort of business to increase his or her income. No matter if you are thinking about opening a small family business or a larger company, you cannot do anything but obey the business laws! If you don’t, you and your business can get into serious trouble!

In case you are under the impression that you need to be a graduate of a business law college or have a business law major in order to understand and use some of the basic ideas of small business law and corporate business law, you are making a very big mistake. Perhaps you have heard form the news and the headlines that employment law for business is one of the most dangerous fields, as a person can easily break the business laws and regulations.

The least any business man should know is that he or she must meet the general international business laws. You must also consider the export laws, import laws and but, by all means, one must obey to the specific laws of the country in which your business is situated.

Should you own a company that operates in your home country, then you must get to understand the business laws there. If you cannot manage to get a business permit or license, you can find yourself in a great amount of trouble, as your business can get shut down. Not to speak about the inconveniences due to business and hefty fines and penalties!

If you thought that Internet and online businesses do not need to take these rules seriously, then you can have the unpleasant surprise of getting serious problems. Of course these types of business need to obey the business laws, but they are called Internet compliance laws. Therefore, should you be operating a website of any kind and do not care about all these rules and regulations, criminal prosecution and hefty fines are waiting for you right across the corner.

Well, if all these bad things have made you fear doing business of any kind, you must know that no one expects you to be able to navigate the complexities of any type of business law by yourself! The best option for you is asking for help from a qualified professional of a business law firm. This way you will never get into trouble of any kind!

Considerations in Searching for Business Law Attorneys

admin — Fri, 20 Jun 2008 08:08:49 +0000

When it comes to operating and managing your company, business law attorneys can help ensure that all your actions are done in a legal manner — in recruiting or terminating personnel or high-ranking officers, when entering a deal, or in buying or merging with another firm.

However, finding the right legal mind to handle your business dealings is not that easy, as it may seem. Just when you think that you have found the right one for the job, they may place your company in a bad light by letting you sign an anomalous deal.

The Basic Considerations

Before hiring corporate counsels, you first need to consider the following factors:

1. Integrity – Initially, you want to work with someone who has proven himself or herself in the legal arena. Check their service record. Have they been handling cases for five, ten, twenty years, or are they fresh from law school?

2. Expertise – In what area are they specializing in? Corporate law? Incorporation? Recruitment and termination?

3. Track Record – Of course, you want to hire someone who is capable of winning cases. No matter how impressive their credentials are but if they are not capable of producing favorable outcomes, then it is useless hiring them.

4. Experience – “When the going gets tough, the tough gets going,” as they say. More or less, finding experienced attorneys will help bail you out of a tight situation. You may want to hire someone who knows his or her way around and well versed with business law.

How can You Benefit from Your Business Law Attorneys

In general, business law professionals can give the protection that your company needs. They can help you win cases and offer solutions when you find yourself in a tight fix.

Being in a legal battle can be time consuming and costly. If the case carries on for a long time, it may even drain whatever resources you have left. Business attorneys can help you negotiate your way out of possible class suits. Likewise, they can provide measures to prevent the risk of being sued.

These measures include:

• Protection of assets by segregating personal from business property

• Pay attention to important details such as placing warning signs and labels

• Posting the policies of the establishment or business in public places, corporate website, or even in receipts

• Remove potential hazards from company premises by placing signs in accident-prone areas

• Keep a record of client requests, recommendations, and complaints

• Address client needs

• Train the staff on company policies and guidelines

• Make sure that the employees are insured from accidents, theft, injuries, and liabilities.

Getting representation for your company is an important consideration. But as mentioned above, finding the right advocate is not an easy task. You can always take your time in conducting research and gathering information about the potential candidate.

There are many methods that you can utilize when searching for business lawyers. You can search the Internet, ask for a referral, or check out the bar association in your state.

You need to make sound decisions when it comes to your business and hiring the right attorneys can be the best decisions you can make.

For professional assistance to any of your business legal concerns, log on to our expert Los Angeles attorneys’ website and we will gladly take care of your worries.

Lawyer A Career in Legal Services

admin — Tue, 20 May 2008 09:21:24 +0000

Lawyers are the backbone of the legal system that affects each one in the society. Looked upon by the society, they have great responsibilities and are obliged to adhere to strict code of ethics.

Lawyers also called attorneys represent the parties in court cases or trials. They argue and present evidence either in support of or against the parties. They educate their clients about their legal rights, obligations and instruct in business or personal matters. Whether they are defending or prosecuting, lawyers must the laws and judicial decisions that would apply to their case. Lawyers job depends upon his/her field of specialization:

Private lawyers focus on civil or criminal law representing private individuals. They pursue litigation; deal with wills, contracts, trusts, leases, etc.

Trial lawyers specialize in trial work; they should be able to think and speak quickly with ease and authority. They are found mostly found outside the courtroom, conducting research, interviewing the clients, witnesses and other details that help prepare a trial.

Corporate lawyers work solely for corporate advising them on legal issues related to its businesses like patents, property interests, agreements with unions, government regulations, and contracts with other companies.

Lawyers who specialize in intellectual property law protect their clients claim to copyrights, product designs and creative works.

Patent lawyers advise on patent laws allowing the client to protect their new invention of a product or a process.

Insurance lawyers work with insurance companies. They advise on legal issues related to insurance transactions, writing policies, protecting the companies from unwarranted claims and actions.

Lawyers specializing in environmental law act for waste disposal companies or construction firms whose works deal with environmental issues. The help prepare and file for licenses and applications for activities, which may affect the environment.

Government lawyers on state level work as prosecutors, attorney generals, public defenders for the government, while at federal level; they investigate cases for department of justice and other related agencies. They help in developing programs, drafting and interpreting laws and legislation for the government.

Some lawyers work for law school or teach in non-academic environment. There are lawyers who work for legal aid societies like non-profit organizations for disadvantaged people handling more of civil cases. Bankruptcy, probate and international laws are other areas of specialization.

Lawyers mostly work in their offices, courtrooms, and law libraries. Those practicing privately have irregular working hours, while salaried ones have regular hours. They face tremendous pressure when their case is being tried in the court. Lawyers hold meetings either at clients home or at office, hospitals or at prisons. They have to travel to meet people, gather evidence, and appear before courts or any legislative authorities to present their case.

No lawyer can practice law without a license. Studying to be a lawyer is not an easy task. Educational pre-requisites for lawyers is four year college degree followed by three years in law school and thereafter passing the written bar examination. If one does not appear for bar exam, he/she is not called a lawyer and cannot practice.

There is intense competition for admission to most law schools. With large number of students graduating from law school every year, graduates with high ranking academic records from well known law schools have the best lawyers job opportunities. If a lawyer is willing to relocate to a new country or state, he/she has to take additional examinations to be a licensed practitioner.

Advantages of Commercial Lawsuit Loan – Business Lawsuit Funding

admin — Sat, 03 May 2008 11:09:30 +0000

Business or commercial world is not a perfect one. There can be a dispute or controversy in day to day business transactions. Commercial transactions can give rise to commercial disputes. Every business dispute, however minor it may look like, has the potential to become an expensive lawsuit.

Commercial disputes often turn into litigation, and the victim party takes the help of an expert commercial litigation attorney and turn to the courts for resolution of the dispute.

Ideally you should hire an expert attorney on a contingency fee arrangement. So that, you do not have to pay your attorney unless you win or settle the case (however, a client may be charged for court costs and expenses). Contingency fee also provides a powerful motivation to the attorney to work diligently on the client case.

As you know commercial litigation takes long time to resolve & can be daunting. Litigation time can be worrisome for most of plaintiff business people. The stakes are high and future of your business may be uncertain. The financial, commercial and personal risk is always significant with the outcome, often making or breaking the plaintiff and his or her business.

Cash flow for plaintiffs involved in commercial lawsuit is critical to maintain and their financial stability is at great risk. Most of the times, expenses related to the litigation can drain the personal and business financial assets. Investors also pull away their financing because of the uncertainty of the outcome of your lawsuit. Your customers also do not take it kindly. In short, its effects are overwhelming.

Many plaintiffs businesses in this situation have no other choice but to accept a low settlement for a case that could be worth hundreds of thousands & millions.

But there is a silver lining in the dark clouds. Most of plaintiffs involved in commercial lawsuits do not realize they can get cash advance before their lawsuit case settles. This is called as commercial lawsuit funding and some times referred as commercial lawsuit loan, commercial legal finance, business litigation loan, and business lawsuit settlement cash advance. But these are not loans because the money does not have to be paid back unless the case is won or settled.

Commercial or business lawsuit funding or legal finance is non- recourse lawsuit loan or cash advance. It carries no risk because plaintiffs owe nothing if they lose the case. Lawsuit pre-settlement funding programs provide them with immediate cash to give them and their attorney time to negotiate a larger cash settlement!

Commercial lawsuit funding allows a plaintiff involved in a business or commercial lawsuit to leverage the expected settlement from his or her case to obtain the capital required now. The advantages of using commercial litigation funding are multifold.

Most important of these are:

1. When you apply for a commercial lawsuit funding or lawsuit loan from a reputed company, there is no application fee or any upfront fees involved. Also, if you are approved for funding, you are still not obligated to accept the advance.

2. It helps to maintain financial stability in cases where commercial lawsuit is impacting your firm cash flow.

3. Business lawsuit loan is based on the strength of lawsuit and how the plaintiff spends it, is unrestricted. You can use the funds:

(a) To pay down debt, maintain or invest in your business expansion,

(b) Use the cash advance for fixed and variable costs such as payroll and operating expenses. Funds can also be used to invest in the expansion of your business, which maintains the confidence of creditors, investors, and employees,

(c) Keep your personal finance and obligations in balance.

4. Commercial lawsuit loan is non-recourse so there is no risk involved. Plaintiff firm is liable for repayment only if they receive a settlement or they win at trial.

5. Amount available for commercial lawsuit funding is virtually limitless from $10,000 to well over $10 million on a single case.

Most of commercial lawsuit cases that can qualify for lawsuit funding include, but are not limited to:

a. Fraud

b. Breach of Contract or Contract disputes

c. Real-Estate disputes

d. Conversion

e. Copyright claims

f. Environmental Litigation

g. Patent or Copyright infringement & other Intellectual Property

h. Securities Fraud & Shareholder Litigation

i. Consumer Fraud litigation

j. Negligence

k. Civil Conspiracy etc.

A lot of plaintiffs businesses are being forced to settle their commercial lawsuits early, for way less than they deserve because they simply can not afford to wait any longer due to their financial limitations. But with the help of lawsuit loan or legal finance, they do not need to settle for less than their case is worth.

Los Angeles Business Dispute’ Formidable Masterful Litigator

admin — Sun, 20 Apr 2008 19:12:26 +0000

Los Angeles is a considerable portion of America where businesses are vast. Several kinds of industries have settled in this area. These range from telecommunications, information technology and computer industries, huge construction companies, car manufacturing and other significant businesses, dealing with food manufactures and apparel.

In addition, several big international investors, traders and bankers have settled their businesses in Los Angeles. This is because of their belief that this promising state will give them huge opportunity to prosper and get big in their respective industry.

With these numerous companies, it can readily be assumed that businesses are at its best in this part of the America region. It has generated a large portion of revenue not only within the Los Angeles area but also within the whole country.

Like any other endeavor, where complexities are abounding to happen, there are varied kinds of situations that beset businesses in Los Angeles. Business disputes are common and are being heard in so many litigation procedures in courts and other administrative bodies.

There are varied kinds of business disputes that beset businesses in Los Angeles. These legal arguments commonly involve the following:

commercial issues

contractual disputes

business fraud

feuds between competitors

employment matters

partnership issues

real estate and leasing disputes

intellectual property disputes

corporate dissolution and merger

other contentious business legal issues

These varied business issues have its downturns that caused many businesses to either dissolved amicably or wage disputes in court.

Most surviving businesses, however, have chosen to litigate their disputed issues with the help of business trial lawyers who are retained or merely transactional.

In Los Angeles, there are good numbers of business law advocates who have dedicated their legal practice in this area of law. They constantly appear in various courts, whether in adversarial or merely inquisitorial proceedings and in administrative tribunals. They may either be involved in the prosecution or defense.

As a note, Los Angeles has the best business litigators who have solid commands and mastery of the pertinent laws that govern the entire area of business. These include constitutive procedures of both judicial and administrative bodies and tribunals.

More so, these Los Angeles business trial lawyers have vast exposure in various corporate litigations as well as in all the available judicial remedies of Injunctions, specific performance and enforcement of judgments.

They serve variety of clients and hurdle different business legal issues and disputes. For that, they appeared in various district and circuit courts. They even appeared on occasion in the appeal levels and in extremely rare case in the Supreme Court.

Described as the true advocates, most business trial lawyers in L.A. are extremely hard working, well organized and good when it comes to their sense of judgment.

They are the wiser litigators humbled by experience. They have honed their own master style and methods in their litigation practice. They make best of their natural strengths and make the most of their besetting weaknesses.

They can win their cases, relying not on the weaknesses of the other party’s cause of action but on the strength and rightful substantiation of their client’s case.

Los Angeles trial lawyers serve to protect the health of the business in the entire region. They vouch for their legal service in matters of business litigations and other allied business matters.

Indeed, Los Angeles has the formidable and masterful business litigators.

To ensure credible representation for your business trial, seek the advice and assistance of our well renowned Los Angeles lawyers. Log on to our website now and take advantage of our free case evaluation services.

How to Find a Bankruptcy Lawyer

admin — Fri, 21 Dec 2007 09:08:24 +0000

Filing for bankruptcy an be a very scary time in a person’s life. Without a doubt the financial crisis that has resulted in the bankruptcy has been a stressful ordeal. On top of that, the thought of having a 10-year stain on your credit report from bankruptcy is definitely a big concern. The last thing that you need to worry about is getting an incompetent lawyer working on your case. For that reason, you should put a lot of time and research into choosing a good bankruptcy lawyer.

The qualities of a good bankruptcy lawyer are the same qualities that make a good lawyer in just about any field. For one thing, you want a lawyer who is specialized in bankruptcy, just as you want a lawyer specialized in personal injury if you were involved in that sort of case. While most lawyers should have an understanding of bankruptcy and be able to help you, a specialist will make the entire process much smoother.

In addition, you should hire a lawyer with whom you have a strong rapport. If, upon meeting a lawyer, you feel uncomfortable or that your questions went unanswered, you should keep on looking. The most important aspect skill that any lawyer brings to the table is the ability to really listen and easily explain the complexities of a case. It’s a good idea to interview the lawyer before retaining him or her – and you shouldn’t be afraid to say no if you’re not comfortable.

A few good questions to ask of your lawyer are: how many bankruptcy cases have they have tried? How long have they practiced specifically in the field of bankruptcy law? Ask them: how complicated is my case, and how do you plan to go about handling it? Beware of a lawyer who will just tell what you want to hear. If the lawyer doesn’t talk about any of the difficulties of the process, they may just be looking to you to sign a contract with them.

To find a good lawyer, one place to search is with the local bar association. You can find them in the phone book – bar associations have referral panels that can direct you to a good bankruptcy lawyer. Once you’ve contacted a lawyer, you should get as much information as possible about your case. Make sure you understand the extent of services covered in the lawyer’s fee. You should ask about lien avoidance issues, trustee disputes, non dischargeability and actions, and more. Be aware that a lawyer can’t foresee all the possibilities, and additional fees may be necessary as the case progresses.

Remember that a good bankruptcy lawyer is there to help you. Once you find a bankruptcy lawyer you trust, let them know everything about your financial situation. That way, they will be best prepared to represent your interests. Be sure to provide information to your lawyer quickly, so that all court deadlines can be met on time. If you do your part as well, then having a bankruptcy lawyer on your side will make the bankruptcy process much less painful.