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Study or Report of Disservice by Non-Attorneys or Inexperienced Counsel
charsetndows-1252
I know that Judge Tighe headed a study of Bankruptcy Petition Preparers maybe 5 years ago or more; and more recently the court published a study of pro se debtors. The latter report is on the cacb website, under tab About the Courts, then Publications, last one.
I'm not seeing the "BPP" report, but I'm pretty sure Maggie Bordeaux has it.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Mar 12, 2013, at 2:13 PM, Hale Andrew Antico wrote:
This is the environment we're all working in. Non-attorneys undercut our fees, practice law without a license, and the cost-conscious or unaware debtor figures we're "all the same" and just goes with whomever is cheapest. But then again, you already know this. I believe the courts and UST handle these on a case-by-case basis. If I understand your question, I know of no study that proves empirically that some debtors are harmed by hiring a back-alley lawyer wannabe. I'd figure it's axiomatic, and the court would just take judicial notice of it.
Hale
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This is the environment we're all working in. Non-attorneys undercut our
fees, practice law without a license, and the cost-conscious or unaware
debtor figures we're "all the same" and just goes with whomever is cheapest.
But then again, you already know this. I believe the courts and UST handle
these on a case-by-case basis. If I understand your question, I know of no
study that proves empirically that some debtors are harmed by hiring a
back-alley lawyer wannabe. I'd figure it's axiomatic, and the court would
just take judicial notice of it.
Hale
_____
The post was migrated from Yahoo.
Dear Colleagues:
I have come across clients in the past, and two very recently, who hired
either a non-attorney (commercial loan broker of some sort or "notarios")
or a very inexperienced recently-minted attorney who prepared the petition
incorrectly or otherwise engaged in acts or omissions that have now put the
debtors on the verge of losing their real estate property. This could have
been avoided if some Supreme Court-approved pre-bankruptcy planning had
been done; if more care had been taken when drafting the petition; or, if
the clients had been simply warned to stay away from a bankruptcy filing.
In my two most recent cases, the clients' first-language is not english --
indeed, their english skills are very low as they don't need to use the
language frequently at work.
Some Judges tend not to have any sympathy for the debtors and grant relief
from stay (which leads to their loss of their hard-earned propty) as they
believe the debtors should look to the non-attorney or attorney who put
them in this situation for compensation. Unfortunately, it is often
difficult even to locate non-attorneys and more often than not they have no
assets to go after and liability against the attorneys is difficult to pin
down as they present only their side of the story.
Is there any study or some other report out there about this that I
can cite to the Court?
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Dear Colleagues:I have come across clients in the past, and two very recently, who hired either a non-attorney (commercial loan broker of some sort or "notarios") or a very inexperienced recently-minted attorney who prepared the petition incorrectly or otherwise engaged in acts or omissions that have now put the debtors on the verge of losing their real estate property. This could have been avoided if some Supreme Court-approved pre-bankruptcy planning had been done; if more care had been taken when drafting the petition; or, if the clients had been simply warned to stay away from a bankruptcy filing. In my two most recent cases, the clients' first-language is not english -- indeed, their english skills are very low as they don't need to use the language frequently at work.
Some Judges tend not to have any sympathy for the debtors and grant relief from stay (which leads to their loss of their hard-earned propty)as they believe the debtors should look to the non-attorney or attorney who put them in this situation for compensation. Unfortunately, it is often difficult even to locate non-attorneys and more often than not they have no assets to go after and liability against the attorneys is difficult to pin down as they present only their side of the story.
Is there any study or some other report out there about this that I cancite to the Court?-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of Certification
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