Legal Question in Bankruptcy in Michigan

Representation Agreement

I'm getting ready to retain--name removed--bankruptcy attorney, however, I have some concerns regarding his Representation Agreement. Specifically, in addition to his fee, the Agreement states that I agree to reimburse him for ''any other filing fees or costs that the court allows, or, if no court order is required, that are incurred on my behalf.'' And that I agree to pay ''Attendance at second or adjourned 341 hering; amendment to the Petition, including addition of creditor(s); attorney appearance at 2004 Hearing'': at an hourly rate, but rate not noted; ''representation during audit'' (again at an hourly rate not noted); ''and grant Attorney--name removed--lien on any real estate I may have an interest in to secure payment.'' Is this normal?


Asked on 2/11/09, 10:32 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Representation Agreement

Yes, except for the lien on real estate. I don't have that in my retainer agreements. The attorney does not want to spend time he will not be compensated for or advance costs out of his own pocket on your behalf. This is fair and good business, in my opinion.

Usually, but not always, adjournments and amendments result from the client not providing documents/information necessary or that the trustee requires. You should discuss how that would work with your proposed attorney. If there are adjournments or admendments that are my fault and not the client's, I do not charge anything additional.

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Answered on 2/12/09, 10:07 am


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