The Proper Role of Your Virtual Bankruptcy Assistant

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 license, don’t cut corners.

Morgan King, Esq. http://morganking.com/academyfolder/indexacademy.html
and
Cathy Moran http://www.bankruptcymastery.com offer excellent training for attorneys and are the only source attorneys should be using.

Bankruptcy is not something an attorney can have a Virtual Bankruptcy Assistant, Legal Assistant or Paralegal do for them in total. 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. We’ll discuss the proper role of the Virtual Bankruptcy Assistant (Legal Assistant, Virtual Paralegal) as it relates to the members of NSVBA.

First, you want to meet with the NSVBA member and discuss your current needs and assignments. The NSVBA member 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, the NSVBA member can get started on those cases first.

After you have met with your Client, the NSVBA member can pick up the case from there.

This is another misconception I must put to rest. NSVBA members cannot meet with your Client without meeting with you first. NSVBA members cannot qualify your Client. NSVBA members cannot “help” you qualify your Client. NSVBA members are not a substitute for legal counsel. Don’t risk your license.

Time and again, I have attorneys call me and ask me if I can call and qualify Clients on their behalf. I refused. I lost a few assignments, but I know for a fact there is someone out there who will do this for them.

When the attorney hands over the case summary to the NSVBA member, the NSVBA member will correspond with your Client to gather documents and information. All work is done under the direct supervision of the attorney.

Your Virtual Bankruptcy Assistant will prepare the petition ready for your review and approval.

NSVBA members are trained in bankruptcy case work and basic bankruptcy law and procedure.

NSVBA members notify the attorney if a case should be a 7 and not a 13 or vice versa if; after gathering documents and information the situation changes (because we all know Debtors do not always disclose all their information at the Initial Consultation!). Under no circumstances does the NSVBA member discuss any changes to the case with the Client. All information is given directly to the attorney and the attorney then discusses the change with the Client.

If you’re new to the practice of bankruptcy law then you may not have a full complement of forms and checklists. NSVBA members will gladly share theirs with you, and they can be helpful in getting the administrative portion of a practice up and running. But these are forms only, not substantive educational documents.

NSVBA members 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 non NSVBA members out there who do. Again, don’t risk 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 utilized properly.

So the upshot is this – don’t make the assumption that outsourcing bankruptcy case work is tantamount to offloading your legal and ethic responsibilities to your client and your practice. You’ve got to be well-versed and trained in the field of bankruptcy law in order to do a good job for your clients. The ethical and proper role for the VBA is to support you in your efforts.

Vist the All Member Profiles at the NSVBA website:
http://nsvba.com/find-a-vba/vba-member-profiles

Visit the NSVBA Exhibit Table at the Sacramento Valley Bankruptcy Conference, March 23 and 24, 2012 at the Hyatt Regency Sacramento.
http://sacvalleybf.org/2012conf.htm


Vikki Watanabe and the Members of the
National Society of Virtual Bankruptcy Assistants, LLC