Attorney Referrals

Attorney C. David Ward welcomes referrals of bankruptcy clients from other attorneys. The changes in the Bankruptcy Code, which went into effect on October 17, 2005, have dramatically affected the ability of the sole practitioner and small firm to continue to represent clients who need to consider Chapter 7 or Chapter 13 bankruptcy.

Probably the most significant of these is the burden is now squarely placed on the lawyer to collect and verify all information given to the attorney by the client. Additionally, the necessity of up dating computer systems and technological knowledge to be able to comply with electronic filing with the bankruptcy system can be daunting.

The entire bankruptcy system is in a period of evolution. What with the new electronic filing, the separate rules and regulations of the bankruptcy court system, and the new law changes, many attorneys have decided to discontinue their bankruptcy practice.

The Bankruptcy Code does not allow the payment of referral fees. The Law Offices of C. David Ward is however receptive to all bankruptcy referrals. Attorney Ward concentrates his proactive in the bankruptcy field and takes cases in both the Western and Eastern Divisions of the Northern District of Illinois.

Lawyer Cooperative Program

If however the sole practitioner or small firm wishes to try to continue to earn legal fees by servicing bankruptcy clients, the Law Offices of C. David Ward, in conjunction with Illini Legal Services, Inc., (a corporation owned by C. David Ward), has developed the “Attorney Co-Operative Program”. Attorney’s fees are earned under this program, representation of the client is involved, and no referral fee is paid.

In the normal course of the bankruptcy process a lawyer must meet with the client, gather all the information, verify all the information received, prepare the petition and attendant schedules, attend the 341 meeting of creditors, and coordinate the wrapping up of the case. Under the new law this process is a great deal more complex and the legal burden has shifted to the attorney for its accuracy and completion.

Under the “Attorney Co-operative Program”, the participating attorney will:

1. Initially meet the client, explain the bankruptcy process and the co-operative program.

2. At the second meeting, the client will meet with an attorney from the Law Offices of C. David Ward and will start the full bankruptcy process(See Seven Step Process ).

3. The Law Offices of C. David Ward then meets with the client and makes sure that the client understands the paperwork and files the documentation with the bankruptcy system. All of the contacts with the bankruptcy system, including the court and trustees, are handled by the Law Offices of C. David Ward.

4. As the time approaches for the 341 meeting, the co-operating or cover attorney meets with the client and the Law Offices of C. David Ward to thoroughly go over the case and prepare for the 341 meeting.

5. The debtor and the cover attorney then attend the 341 meeting of creditors with the trustee.

6. Once the 341 meeting is concluded, the cover attorney returns the file to the Law Offices of C. David Ward with all information concerning the meeting.

7. The Law Offices of C. David Ward then closes out the file by meeting with the client.

The co-operating attorney is paid for attending the 341 meeting with the debtor by the Law Offices of C. David Ward. The fees are paid from the general operating revenues of the Law Offices of C. David Ward and not by the debtor or from the funds specifically received from the debtor.

To be considered for the “Attorney Co-operative Program”, the cover attorney must:

1. Be licensed to practice law in the State of Illinois and in the Federal system.

2. Have proof of current professional liability insurance.

3. Be familiar with bankruptcy work and have attended 341 meetings in the past.

4. Must attend the 341 meeting with the debtor, be on time for the meeting, and be prepared for the meeting.

5. Provide space for all meetings with the debtor and if necessary for the debtor to take the pre-filing credit counseling course.

For more information please call the Law Offices of C. David Ward.

To effectively gather all of the necessary information, Attorney Ward utilizes the services of Illini Legal Services Ltd. to gather and compile the necessary bankruptcy information. Much of the “leg work”, but not legal work, of gathering information in a timely fashion, contacting the client for information requests and making sure such information is received in a timely fashion; verifying the information for accuracy and completeness; gathering the necessary facts for due diligence; and inquires into assets, income & expense; and completing creditor information is done by Illini Legal Services. The information is put into a format so that Attorney Ward can fully and accurately prepare the petition in bankruptcy and the various schedules and other paper work necessary to file the case.

Please use the form below to contact our offices. We provide a free consultation so you can have a member of our legal team assess the possibilities for your case.