What takes place at the initial interview with a new bankruptcy client? In addition to the legal concepts surrounding a client's new case, what are some of the psychological aspects of filing bankruptcy must the paralegal and attorney remember?
What will be an ideal response?
The initial client interview is the bankruptcy client's first meeting with the attorney and his or her paralegal. It is when the attorney provides the client with legal advice; takes the initial steps to determine which bankruptcy chapter is appropriate, considering the client's circumstances; and establishes the attorney-client relationship. A paralegal is often present at the initial interview because it is the paralegal who has most contact with the client. The paralegal's main function during the initial interview is to take notes and assist the attorney in the information-gathering process. At the initial meeting, the client will be instructed to gather detailed financial information, which, depending on the client's circumstances, will take considerable time to assemble. The client is given the task of completing a bankruptcy worksheet before the next meeting with the attorney.
Bankruptcy clients may experience shame, embarrassment, and fear when faced with the possibility of being unable to afford the basic necessities of life. It takes a lot of effort for clients to make the ultimate decision to file for bankruptcy. They may view themselves as failures and worry that their friends, family, employers, and acquaintances may find out about their financial troubles and think negatively of them.
Paralegals and attorneys should reassure their clients that they are not obligated to tell anyone they do not trust about their bankruptcy and that the office will maintain their confidentiality. It is best to encourage clients to focus their attention on working toward a fresh start rather than dwelling on the negativity associated with bankruptcy.
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