For Bankruptcy, is a paralegal just as good as a lawyer?
We are in a bind and only getting in deeper, so we have to file bankruptcy. We have a home and two vehicles we want to try and keep. Is a paralegal service that says they specialize in Bankruptcy just as compident as a lawyer? The fee’s a lawyer wants to charge me is so steep I cant even pay her. And we are being sued so we have to get this done. Any suggestions or opinions?
Posted February 9th, 2010 in Bankruptcy Q and A. Tagged: bankruptcy, bind, lawyer, paralegal service.
Depending on the state you are in determines if a paralegal is qualified to file a bankruptcy case on your behalf versus using an attorney. Customarily, a paralegal will meet with the clients and take all the pertinent information needed to complete the legal documents for bankruptcy and file the paperwork under the direction of an attorney. However, in this case you are still paying the rate for an attorney even though the paralegal is doing the work.
In the states that paralegals are allowed to practice law while not under the direction of an attorney for certain legal matters such as bankruptcy are just as competent as an attorney and can save you a substantial amount of money. For example, I am a free-lanced paralegal and the state that I reside allows a paralegal to practice law while not under the direction of an attorney.
If you would like to include your state under your question or if you prefer you can email me and I would be more than happy to see if paralegals in your state qualify to handle this type of legal manner and provide you with some resources. I look forward to hearing back from you.
Best wishes.
February 9th, 2010 at 3:34 pmCheap out and see what you get when @hit hits the fan……you wouldn’t go to a butcher for brain surgery would you……….
February 9th, 2010 at 3:34 pma paralegal can do the paperwork and file for you BUT they can NOT offer any legal advice they can NOT represent you in front of the trustee.
if you are in a position to file a relatively simple chapter 7 or 13 you should be fine BUT if any of your creditors decide to challenge the plan that you put forth in your petition you may wish you had spent the bucks for someone who could actually offer advice.
EDIT:
February 9th, 2010 at 3:34 pmbankruptcy laws are federal, the state you are in is irrelevant as to what a paralegal can do for you under federal guidelines.
You can use a paralegal to file your bankruptcy case but they are prohibited from providing legal advice or representing your in court. If your case is complex you may need the legal advice of an attorney. Another option is to try to find a legal aid society and determine if you qualify for their legal assistance.
February 9th, 2010 at 3:34 pm