I have spoken to one attorney over the phone that I got from some bankruptcy site. The past two calls I made to his office, he answered his own telephone. I'm not sure if that should be a red flag. He seems knowledgeable, however I have been unable to meet with him in person because he does not live in my town. Is it unusual to receive consul from someone whose office I've never seen? He mailed me the contract I'm suppose to sign to start the process. I have found him on multiple sites with no reviews, though he hasn't had any disciplinary action against him.
Also, if my attorney answers his phone, does that mean I could potentially be billed for my calls to him if I chose someone else to represent me?
You raise a really interesting question about what impressions clients form if an attorney answers his own phone. About 20 years ago I had a medical malpractice case against a Las Vegas HMO where I practice. The HMO hired a local attorney but then got insecure and turned the case over to a big D.C. law firm that specialized in HMO cases. The D.C. HMO specialist attorney always answered his own phone. After that experience I decided I could answer my own phone as well.
Usually, the biggest complaint about attorneys is not that they answer their own phone but that clients can't get ahold of them.
As to the specifics of your case, one question is easy: If you hire a bankruptcy attorney you will sign a retainer agreement, probably for a flat fee. Once the retainer agreement is signed, if it is a flat fee agreement, your fee won't change whether you talk to the attorney or a paralegal. If the fee is by the hour, you may still get billed for talking to a secretary or paralegal because the attorney has to supervise anything the secretary or paralegal tells the client and on top of that many hourly retainer agreements provide for an hourly fee for secretarial and paralegal services.
As to the question of whether it is important for your attorney to be in the same city as you, this is partly a personal decision and partly a practical one: Where is the bankruptcy court? If it is in the same city as the attorney that makes sense. If the attorney is located some distance from the bankruptcy court, will the attorney charge travel time to get to the bankruptcy court.
My law firm has a lot of clients from out of town that we never meet and it comes about in this way: We advertise that our uncontested probate fees are inexpensive, affordable, and that we are the low cost, high quality provider of uncontested probates in Las Vegas and Nevada. Real estate must be probated in the county and state it is located in. Because Las Vegas is a vacation destination there is a big call for probates of Las Vegas real estate, whether condos, homes, or timeshares, for heirs who are out of state. Since these probates are uncontested my clients from out of state never come to town to go to court or meet me and we handle everything by mail and phone. This has never been a problem.
Let me supplement my colleague's excellent responses.
I can well understand your concern, having once had a client express concern as to why I answered my own phone. At the time I was just starting out in my own practice. It bothered me that I was being judged by my office set-up and not by my knowledge, skill and experience. I then started to use an answering service as a buffer, and then heard questions as to why I was never in my office. Some times you can not win.
Your attorney may be semi-retired and just doesn't care about appearances. Your attorney's secretary may be ill, or out on family leave. He may be between secretaries at the moment. The attorney may have been ill and had to let his secretary go. The possibilities are endless.
Depending upon the distance, a visit to the Clerk's office at the bankruptcy court may provide some information, as the Clerks, while unable to make recommendations, will often give "clues" about the attorneys who practice in their district. Or, attend the creditors meetings in other cases and inquire about the attorney.
Look, you have to be comfortable with your attorney. If you have nagging doubts now, at the beginning of the attorney-client relationship, then stop right away and retain another attorney.
As for fees owing for the phone calls--the attorney was not acting as an attorney when he answers the phone, he is acting in a secretarial capacity. An exception to that is if he provided a consultation over the phone and now wants to charge you for the consultation, but if that were the case, he should have let you know that there would be a fee at the beginning of the call.
I hope you found this response helpful.
This response shall not be considered as the giving of legal advise but instead a general response to a general question, nor may it be construed to create an attorney-client or to create an obligation on the part of the attorney to respond to further inquiry.
I always answer my own phone. If I am not available, the call is directed to my voice mail. This is actually very efficient because I have found that most, if not all, clients call because they have a question for their attorney, not the secretary or paralegal. Thus, even those attorneys who have a receptionist/secretary end up taking a message or directing your call to the attorney's voice mail. Answering his own phone may be his way of better communicating with his clients and/or saving his secretary's precious time.
Many attorneys no longer practice in the traditional law office. Because of advances in technology, many attorneys practice from home offices, utilize a "virtual law practice," or some combination of both. By reducing overhead, the attorney may be able to produce the same type of product for a reduced fee.
Finally, the fact that an attorney does not live near year is generally not of consequence. Provided that he is able to adequately address your needs, his actual physical location should not be a barrier to retaining his services.
Above all, you should be comfortable with your attorney. If you are not, for whatever reason, you have the right to choose another attorney.
Good luck
