The Proper Role of Your Virtual Bankruptcy Assistant
Written by Vikki Watanabe Wednesday, 08 June 2011 07:43
Virtual Bankruptcy Assistants have been around for awhile. Some, before the bankruptcy law changed in 2005, others, at the time the law changed due to the high volume of cases being filed before and after the law changed.
Were you aware there is a proper role for the Virtual Bankruptcy Assistant?
Well, there is. Some attorneys (not to mention a few VBA’s) believe a Virtual Bankruptcy Assistant can train an attorney in the practice of bankruptcy. Because of this misconception and other reasons, I feel it is important to discuss the proper role of your Virtual Bankruptcy Assistant.
If a Virtual Bankruptcy Assistant offers to train you, the attorney; immediately run in the opposite direction. VBA’s cannot and should not train attorneys. This is improper and dangerous. When it comes to your bankruptcy practice and your license, do not cut corners. Cathy Moran, Esq. offers excellent training for attorneys and is the only source attorneys should be using. http://www.bankruptcymastery.com
Bankruptcy law is not a practice an attorney can have a Virtual Bankruptcy Assistant, Legal Assistant or Paralegal do for them in total. You, the attorney must have a command for bankruptcy law. This is not filling out a few simple forms. There is nothing “simple” or “easy” about bankruptcy.
Now that we’ve gotten that out of the way, let’s move on.
First, you want to meet with your Virtual Bankruptcy Assistant and discuss your current needs and assignments. Your VBA will send you a Service Agreement at which time you will review and sign so work can begin.
If you have several cases you which require immediate preparation, your Virtual Bankruptcy Assistant can get started on those cases first.
After you have met with your Client, your Virtual Bankruptcy Assistant can pick up the case from there. This is another misconception I must put to rest. Your VBA cannot meet with your Client without meeting with you first. Your VBA cannot qualify your Client. Your VBA cannot “help” you qualify your Client. Your Virtual Bankruptcy Assistant is not a substitute for legal counsel. This is Unauthorized Practice of Law. Don’t risk your license.
Time and again, I have attorneys call me and ask if I can call a new Client and qualify them on their behalf. I said no. I lost a few attorneys but I know for a fact they found someone else to do this for them.
Once you (the attorney) give the case summary to your Virtual Bankruptcy Assistant, they (the VBA) will correspond with your Client to gather documents and information. All work is done under the direct supervision of (you) the attorney.
Your Virtual Bankruptcy Assistant will prepare a detailed petition ready for your review and approval. I like Jay’s post about training your VBA. http://www.legalpracticepro.com/4-steps-to-training-your-virtual-bankruptcy-assistant/
Your Virtual Bankruptcy Assistant offers petition preparation, case management support, and in some cases, post petition support.
If you’re a new attorney, VBA’s offer a service to assist you set up your law firm. Templates such as; Required Document List, Pre 341(a) Letter, Trustee Letter, Client Intake Forms and Initial Consultation Forms.
Your Virtual Bankruptcy Assistant (Legal Assistant, Paralegal) cannot take the ECF Training for you. The members of the National Society of Virtual Bankruptcy Assistants, LLC cannot and do not offer this service. There are many VBA’s out there who do. Again, this is a tremendous risk to your license.
Any legitimate, successful VBA and the attorneys they work with will tell you that Virtual Bankruptcy Assistants work well when their services are used properly.
The proper role of your Virtual Bankruptcy Assistant will create a smooth workflow and efficient and timely filing of your cases.
