So we could have done this over the phone?

A New Breed of Attorney?

Little known fact: you don’t actually need to meet with your bankruptcy attorney in order to file a case. All aspects of a bankruptcy case can theoretically be handled by email, over the phone and via the U.S. mail. In today’s fast paced world, there are a growing number of bankruptcy attorneys with virtual practices. These virtual attorneys meet clients via phone consultation or through Skype and prepare the petition from their home office.

Are You Organized, Self Sufficient?

Although bankruptcy can become a litigious process, the initial phases of a personal bankruptcy are form driven. Thanks to bankruptcy reform laws passed in 2005, your bankruptcy attorney will need to see quite a bit of documentation before your case gets filed. You’ll need to dig up bills, collection letters, tax returns, pay stubs and more. Assuming you’re capable of following instructions and staying organized, it might not be a bad idea to hire a virtual bankruptcy attorney, especially if your time is limited and you won’t be able to take time off from work to attend the consultation. However, bankruptcy is a stressful process, many benefit greatly from sitting down with their attorney and forming a more personal relationship. Often, a little “hand holding” can go a long way. In addition to the attorneys, most bankruptcy offices have staff trained to help you get your case together and ready for filing. Ask yourself, does the convenience of preparing your bankruptcy from home outweigh the lack of a personal touch?

Good for Clients?

Bankruptcy attorneys aren’t the only members of the bar turning to a virtual model. Spanning numerous practice areas, the virtual law office has been billed as a client friendly alternative to the traditional tall building model that allows for decreased overhead and increased efficiency. One well known virtual law firm, Fisher Broyles, LLP, calls itself the “next generation law firm” promising reduced rates to its clients in part due to lack of corporate offices. In addition to it’s bankruptcy practice group, Fisher Broyles has general civil litigation, financial services, employment and private equity practice groups just to name a few.

Virtual Consumer Bankruptcy Attorneys

In the consumer bankruptcy world, New York bankruptcy attorney, Jay Fleischman has been the most widely recognized proponent of the virtual model for a few years now, taking on cases from his home in Brooklyn. By all accounts, Jay is an excellent attorney and a well respected member of the New York legal community. Similarly, National Bankruptcy Forum contributor and Houston bankruptcy attorney, Alex Wathen also operates on the virtual model which allows him to help clients in more remote rural areas of Texas.

Substance over Form

Perhaps the lesson to be learned is that great attorneys don’t need an office in a tall building to do excellent work for their clients. Virtual or not, a good attorney is a good attorney. If you’re considering hiring a virtual law firm, do your due diligence. Ask for references, do some research online. Once satisfied that your attorney has the skills necessary to help you, it shouldn’t matter much whether they’re located on the 30th floor or in the third door from the left after you pass the kitchen.

One Last Note

Be aware, that even in the event you decide to hire a virtual bankruptcy attorney, there is no escaping the 341 meeting. Attendance at a meeting of creditors approximately 30 days after your case has been filed is a required element of the bankruptcy process.

John O’Connor