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