Have I got a story for you. A rousing tale of schedules, hearings, frustrations, and ultimately fortunes, traceable to a good story in the fee application. Maybe that’s a bit overblown, but I’m telling this story with a purpose. Good stories lead to fair compensation for bankruptcy attorneys. Fee applications aren’t hard Filing fee applications […]
6 Steps to Ethical Unbundling of Bankruptcy Representation
No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19 page representation agreement, and […]
Why The No-Look Fee In Bankruptcy Harms Us All
The no-look fee is no good in many bankruptcy cases. It harms debtors, their lawyers, and the system as a whole. It fails to compensate the lawyer for critical work, causing a disincentive to providing proper representation. We give up a lot when we settle for being paid just the no-look fee. How we got […]
4 Reasons To Keep Time Records No One Discusses
Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, […]
The Chasm Between Judges & Bankruptcy Attorneys Over Fees
Why is there such a gap between consumer attorneys and bankruptcy judges over attorneys fees? Sources tell that it sometimes feels like the bench believes that every dollar a debtor’s lawyer gets is of questionable legitimacy. Yet the same judges roll their eyes, at least figuratively, at the competence and preparation of those same lawyers. […]
Who Wants To Get Paid?
Anyone interested in attorneys fees? Are you filing adversaries and motions to collect money from creditors and other miscreants? Then it’s worth looking at two snippets about attorneys fees that have floated across my radar screen. FRCP 54 One of the participants at the Litigating on a Shoe String roundtable at the NACBA convention pointed […]
Why A Successful Fee Application Needs A Story
Newly appointed to the bench, the young judge considering a calendar of fee applications complained to the assembled lawyers. “Before I became a judge, you used to tell me the greatest client stories in the hall. How come those stories are missing from your fee apps?” That wistful question was voiced now well more than […]
