Preparing for Default (Part 5): Consult with a Competent Attorney

Lawyers are required to provide competent representation to a client. It requires the knowledge of the practice area of the law in which they undertake representation of a client.

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Disclaimer: I’m a paralegal, not an attorney and cannot give you legal advice. Nothing on this website is meant to be legal advice, and there is no guarantee that the information on my blog will work for your individual situation. Please consult with an attorney if you have questions about your individual situation.

If this is your first visit to my website, welcome! My name is Christine Springer and I'm the founder of Desert Edge Legal Services and the author of the content on this site.

The title of this blog refers to the American Bar Association Rule 1.1 for attorneys:

Client-Lawyer Relationship
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

It is the FIRST rule for lawyers in the ABA's rule book.

Lawyers are required to provide competent representation to a client. It requires the knowledge of the practice area of the law for which they undertake representation of a client.

Hire someone who is competent in foreclosure defense law. That's the point of this whole post.

Things may be different now, but in TGR (The Great Recession), there were real estate lawyers who thought they knew what they were doing. They didn't get it.

The banks were playing a different game than everyone else because of the complexity of the securitization process.

There are many times when it’s appropriate to talk to an attorney during the foreclosure process. It's good to find an attorney earlier in the process in case you need advice on multiple issues. I wrote a post here on hiring the right lawyer.

Be prepared to pay a reasonable consultation fee, around $250, maybe more, for an hour of time. Not all lawyers charge a consultation fee but many do. Be respectful, because you don't want an adversarial vibe between you and your lawyer. You're on the same team.

I sometimes work with clients to find an attorney during the coaching process. I have relationships with foreclosure defense attorneys all over the country and sometimes I can connect a homeowner with an attorney.

Often times, clients know an attorney and can talk to them about their concerns, which is great too.

It’s important to get advice from a lawyer in the same place where your property is located.

If you decide to go the bankruptcy route and the evidence is egregious, you will need to find a lawyer comfortable with an adversary proceeding.

By the time you are in foreclosure with a sale date, it's go time. We're wrapping up the property analytics and you're moving forward to paying your attorney a retainer and executing your strategy with time to spare.

Christine Springer

Published a month ago