INITIAL STEPS TO TAKE
Checklist of items to review regarding initial consult on adversary proceedings
Upon receipt of the Complaint � Review the complaint, exhibits and summons. � Check filed documents and information in file and compare to allegations in Complaint. � Check if the complaint was served upon the Defendant. Notify the client � Not representing client unless meet and sign a retainer agreement. � Deadlines Calendar deadlines � Final deadline to file response � Weekly deadlines leading up to final deadline to insure client has been contacted. � Deadline for client to hire firm. At meeting with client: � Insure they have a copy of the complaint, exhibits( if any) and the notice / summons. � Disclose the deadline to respond to the complaint and consequences if no response is filed. � Review the statutory basis for each claim of non-dischargeability. � Review the facts as alleged in the complaint. Take good notes. o Determine facts in dispute � Determine whether defense( s) to the allegations is based in law and / or fact � Whether hiring firm will be financially worthwhile for the client � Estimate time spent if retained o Drafting motion to dismiss or answer o Discovery o Trial � Calculate total attorney’ s fee possible by hourly rate o Increase that amount by 50 %
� Estimate retainer o Total amount of possible attorney’ s fees o Percentage of attorney’ s fees.
� Discuss retainer o Contract for representation must be signed. o Fee must be delivered on day contract is signed. o Retainer cannot come from BK estate assets � Set deadline for client to respond o If no response, send client disengagement / nonrepresentation letter.
30 CONSUMER BANKRUPTCY JOURNAL Spring 2018 National Association of Consumer Bankruptcy Attorneys