Guest Column: “So, You Want to be a Bankruptcy Attorney, eh?” by Bill McLeod, Esq.
Bill McLeod is a Boston-based bankruptcy attorney, representing creditors and debtors with over 15 years of experience. You can learn more about this and read more of his blog posts at www.mcleodlawoffices.com. Follow him on Twitter. Find him on Facebook.
In recent months, I’ve been hearing from and speaking with attorneys young and old who express a desire to practice consumer bankruptcy law. Only some express a desire to enter into a practice area that is evolving, intellectually fascinating, and in this economy extraordinarily relevant. Virtually (but not) all express their belief that this is one practice area that is expected to grow in the coming years. Some mention that as the only motivation to consider it. I guess they have mortgage payments too.
If you’re considering changing practice areas, adding practice areas, or entering the consumer bankruptcy arena as a newly minted attorney fresh off the bar exam lawyer, here’s my…
Top Ten Things You Need to Know Before You Become a Bankruptcy Lawyer
1. Own a copy of the bankruptcy code. If you do not have a copy of the bankruptcy code and you’re already practicing (or perhaps better said, think you’re practicing) bankruptcy law, you’re already doing a bad job. Actually, you’re flirting with a malpractice claim. I have two: one at the office, and one which is always in my brief case, and my brief case is almost always with me (except when I leave it home). In addition to owning it, you should read it.
2. Never forget the basics. Attorneys have rules. You cannot lie, nor can you help a client lie. You cannot steal, nor may you help a client steal. You cannot violate your oath. There is no “winking” in bankruptcy.
3. Join a bar association. If you’re fortunate enough to practice law in an area that has a strong local bankruptcy bar, join it and get involved. You should also join at least one of these two groups: the National Association of Consumer Bankruptcy Attorneys and the American Bankruptcy Institute.
4. Attend CLEs. Most states require CLEs, so fulfilling that requirement may not be particularly onerous. In states that do not require it, be aware that bankruptcy law is ever changing, ever evolving, and full of traps for those who could and should have known better. NACBA and ABI both offer great CLE opportunities.
5. Get to Court. Call the clerk and find out when “motion day”, “chapter 13 day”, or “confirmation hearing day” is. Sit in on a trial (yes, there are trials in bankruptcy court). Observe, listen and learn. And bring your copy of the code with you. Believe me; this will pay off in spades.
6. Remember this: bankruptcy court is not state court. Deadlines are real. Rules are to be followed. Orders are to be obeyed. Period.
7. Consider volunteering. Probably one of the best ways to learn some of the nuances of bankruptcy practice is to take a pro bono case. By and large, legal aid agencies that service the poor are unable to meet the high demand for bankruptcy attorneys. The cases do not typically involve complex legal issues and it is a good way to cut your teeth.
8. Get involved. Write bankruptcy related articles. Present at CLEs. Join committees. You will learn much interacting with colleagues and those learning experiences will expand when you are the one researching, writing and presenting. And that will make you a better bankruptcy attorney.
9. Keep perspective. If you think practicing consumer bankruptcy law is just completing forms, then you will find yourself at the wrong end of a malpractice complaint, a sanctions motion, or perhaps worse, an ethics violation charge. Think I am being a bit melodramatic? Think about this: In the last 12 months, I have personally participated in malpractice claims against two attorneys who bungled debtors’ cases because they did not take their responsibilities seriously. They thought it was just forms to complete for a fee. In both cases, the debtors almost lost their interests in the homes that they live in. Which brings me to this point:
10. Always remember this: what you do will affect peoples lives. Learn to do your job well. Respect your limitations. Know the law and the rules. Respect the law and the rules. And respect yourself.
This is a challenging economy and people are in need of real help from attorneys who have taken the time and made the commitment to want to help them. There are a lot of self-proclaimed consumer bankruptcy attorneys out there, but there are not nearly enough good ones. The good ones lose sleep the night before hearings. The good ones care. Americans in a debt crisis need good consumer bankruptcy attorneys: professionals who are committed to helping them get the help they need.
If you’re truly up for it, you’ll find resources to help you help people navigate through this often tricky legal terrain during what history books might someday describe as the most difficult economic period our country has faced.
Tags: Bankruptcy Attorneys, Bankruptcy Lawyers, Bankruptcy practice, Bill McLeod, Boston Bankruptcy Attorney, Good Bankruptcy Attorneys