Of late clients have been coming in for consultations telling me about that lawyers are giving them advice in how they should proceed with their lives, based upon incorrect interpretations of the Bankruptcy Code.

The number of years of experience and whether they have practice both before and after the 2005 Amendments, and continued to practice bankruptcy law can be indicative of their commitment to maintaining the highest level of continuing legal education in this special area of practice.

Being a bankruptcy lawyer today is much like being an emergency room surgeon or triage surgeon at a train wreck.  Each client comes in with a new set of facts.  The more years of experience an attorney has the greater the likelihood that they will have seen similar facts and will know how to proceed.  Also, judges know who has been entrenched in this specialized area of practice.

Being a certified specialist tells the public that the attorney has reached a certain level of experience, passed a rather difficult testing process, and succumbed to the scrutiny of a commission of specialists who review recommendations and the applicant's history.  The time between testing and acceptance can be a two year process.  That says a great deal.

Being a published author or appellate practitioner is indicative of an attorney who is willing to contribute his (or her) expertise to advance the general knowledge of colleagues and judges.  Contributing as an author or appellate counsel requires an attorney to commit to an intellectual debate of legal issues that are scrutinized by an editorial board or appellate court; either of which requires the attorney to choose issues in need of clarification.

I hope this response is helpful.  Lou Esbin