10 Questions to Ask a Bankruptcy Attorney Before Hiring
The right questions separate competent attorneys from mills
A good bankruptcy attorney will welcome these questions. A mill will deflect, rush past them, or give vague answers. Pay attention not just to what they say, but to how they respond.
How many active bankruptcy cases do you personally handle right now?
Good answer: A specific number, typically 30-80 for a solo or small firm. They can tell you without hesitation.
Concerning answer: "I don't know offhand," "hundreds," or a deflection to firm-wide numbers rather than their personal caseload.
What percentage of your Chapter 13 clients complete their plan and receive a discharge?
Good answer: A specific percentage, ideally above the district average. They track this because it matters to them.
Concerning answer: They do not know, they have never tracked it, or they change the subject.
Will I work directly with you, or primarily with your staff?
Good answer: They explain the team structure honestly - some delegation is normal, but you should have direct access to the attorney for important questions and decisions.
Concerning answer: You will only interact with paralegals or intake staff after signing the retainer.
How will we communicate after filing? How quickly do you return calls?
Good answer: A specific commitment - "within 24-48 hours" or "my paralegal responds same day and I follow up within a day."
Concerning answer: Vague promises or no clear communication protocol.
What exactly is included in your fee? What costs extra?
Good answer: A clear breakdown of what the fee covers (preparation, filing, 341 meeting, plan confirmation) and what might cost extra (adversary proceedings, modifications, post-confirmation work).
Concerning answer: Vague or incomplete fee explanation, or surprise charges later.
When will I see my plan before it is filed with the court?
Good answer: You will review and approve the plan before filing. The attorney walks you through it and explains each provision.
Concerning answer: You first see the plan at the 341 meeting, or the attorney tells you not to worry about it.
Have you handled cases similar to mine before?
Good answer: They can describe similar cases and outcomes. They understand the specific issues in your case (business ownership, real estate, tax debt, etc.).
Concerning answer: They treat every case the same regardless of complexity.
Are there alternatives to bankruptcy I should consider?
Good answer: They discuss alternatives like debt negotiation, credit counseling, or simply waiting. A good attorney will tell you if bankruptcy is not the right option.
Concerning answer: Bankruptcy is presented as the only option with no discussion of alternatives.
Can I speak with or get a reference from a former client?
Good answer: They can provide references or point you to online reviews from verified clients.
Concerning answer: They refuse or have no client testimonials available.
What happens if my case runs into problems after filing?
Good answer: They explain their process for handling motions to dismiss, plan modifications, and post-filing issues. They are available for the life of the case.
Concerning answer: They imply their job ends at filing, or that post-filing issues are not covered by the fee.
If I terminate the engagement or you withdraw, will you commit in writing to producing my entire client file within 30 days, at no charge to me?
Good answer: Yes - the file is yours. We produce it on demand, at no charge, in whatever format you request, within 30 days. We do not condition production on payment of any disputed fee or on substitution of successor counsel. This is required by Model Rule 1.16(d).
Concerning answer: Hesitation, qualifications about firm policy, references to "checking with the partners," statements about copying fees or assembly fees, references to needing carrier approval, or any version of "we'll discuss that if it comes up." This is the single most diagnostic question on this list because file-production is a non-negotiable ethical duty in every U.S. jurisdiction. A firm that hedges on this question is signaling, in advance, that it intends to control your access to your own file. See the Tier 1 mill indicator framework on the home page.
The Meta-Question
Beyond the specific answers, pay attention to the consultation itself. A good attorney:
- Spends at least 30 minutes understanding your situation
- Asks you detailed questions about your finances, not just your debts
- Explains multiple options, not just one path
- Does not pressure you to sign immediately
- Makes you feel informed, not sold to
For more on recognizing mills, see how to spot a bankruptcy mill and what the outcomes data shows.