Daniel Gershburg

Many times, being a Bankruptcy attorney in Brooklyn affords me an opportunity to deal with clients that want to use the process to get rid of most of their unsecured debts and start anew. Having said that, some clients need to understand, that, on their end, this is not a business. That the meaning of the Bankruptcy Code is to provide people with a Fresh Start. If that sometimes entails you having to give up some property, then that doesn’t mean the process itself is tainted. It just means you may have to give up some stuff in a Bankruptcy in New York, sometimes.

Most Bankruptcy attorneys have ads which say “Keep your home and car and still get rid of your debt.” In essence, thats typically true. Since January, when the Bankruptcy laws for exemptions changed in New York, most everyone could keep their home and their car if they file. What those ads don’t tell you, however, are instances where someone has an inordinate amount of cash and still wants to file. Or when someone just received a large sum of money and they have a car that is paid off. In other words, there are various instances where it’s still absolutely to your benefit to file a Bankruptcy (because you owe, you know, like a boat load of money) and get rid of property that isn’t exempt. In other words, filing and giving up $2000 in excess that you have in your bank account. Or, keeping your home, but cutting the Trustee a check for $1000 for the vehicle you have paid up.

What kinds of instances? #1- When you have thousands in credit card debt and you need to file but if you hold off until you spend the money you have in a legitimate legal way, you wont qualify for Bankruptcy. Thats the most important one. Sometimes, I’ll have clients that will qualify under the Means Test, but they have to file, like, now. Like, right now. Because if they wait, even a week, they wont qualify for a Chapter 7. But in order to do that, they have to likely cut a check for a few bucks. Sometimes the clients get upset. But if I told you I’d trade you $100,000 in debt for $2000 over two months, you’d JUMP at the opportunity. JUMP. But, sometimes, when you’re in the midst of a Bankruptcy, you don’t want to do it. You feel like you shouldn’t pay a thing. Get a hold of yourself. You’re being offered the chance of a lifetime.

Sometimes, in this process, you have to step back and realize just how much you’re getting in return. So, my advice is never try to game the system. Never try and take more than what is legally allowed to. Because, in the end, it just doesn’t make any financial sense at all.

But really, does that matter? Does that make me a good lawyer? Or a better one? No. No it does not. These summer months have allowed yours truly, a Bankruptcy lawyer in Manhattan, to step back and think about my firm. Specifically, the “marketing” aspect of what we do. And it has put some things into focus.

First and foremost, I think it’s critical you understand that we’re not really good at what we do simply because various review sites say we are. I started using review sites years ago when I started this firm because I figured there was no way I could compete with my counterparts in terms of their internet budget. Now everyones joined the bandwagon. But getting back to the issue of reviews, there is a reason why theres an ethical standard attorneys have to follow. Namely, we must always state that past performance is not indicative of future results. Realistically, if I did a great job on Megan’s Bankruptcy (there is no Megan), that, in and of itself, does not guarantee every future case will turn out just as stellar. As I’ve said countless times before, you need to kick my tires. You need to come into my office and have me greet you and you need to ask questions about your case to gauge my competence. Trust me, if you think that you can’t do that with a lawyer, you’re mistaken. Which leads me to my next point…

We have an office. Two, actually. And they’re staffed with employees and coffee and everything. MANY attorneys will differ on this, and I think their arguments about having a “virtual” office are fine, but it doesn’t work for me and it never will. Just because I have an office, that doesn’t mean, by itself, that I’m better than an attorney who works from home. In fact I’m sure many experienced attorneys do this. It is, however, the “new” thing. What it does mean is I’m more than willing to forfeit some profit (for the love of God, a lot of profit) from the firm to ensure that you, a client, always have a place where you can physically meet me whenever you need to. Thats critical for me and its critical for almost every single client I encounter. I believe that’s the way it should be for attorneys. Maybe you’re OK with only speaking with your lawyer over the phone. Maybe some other lawyer can “pass the savings to you” by only meeting remotely. You’re not buying strawberries at Walmart, though. You’re filing Bankruptcy or closing on a home. Sit down and lets talk for a few minutes.

And perhaps most importantly, social media is the most overrated thing to come into the practice of law since the term “hanging a shingle”. The whole shingle thing connotes having a disease. Whatever. As I’ve had some time to use Twitter and Facebook and all of the other goodies that should be increasing my web traffic exponentially, I’ve realized that much of it, for purposes of the legal realm, is noise. In fact, almost all of it. There is a guy named Gary Vaynerchuk. Wrote an amazing book on social media and using it correctly. He sells wine. I practice law. I think it’s a great way to reach some people or to share some information, but its not the end all/be all of a practice. In other words, just because your mother is following me on Twitter doesn’t mean I’m a big deal. It really doesn’t. I’m a big deal because I got in the NY Times twice last month (kiddddinngg). I’m finding more and more lawyers are turning to these mediums without really knowing what in the world they’re doing. They’re just re-tweeting articles that other people re-tweeted, or telling me they got a parking ticket. I can’t do it. Some people can but I can’t…as a means of marketing my firm.

To be honest, the above blog, or at least most of it, was born out of the fact that my firm has been, and currently is, expanding. We’re growing and we will be doing announcing a few things in the next months which should hopefully enhance what we provide you with on a daily basis. And I thought “why not heighten that growth by using social media, setting up a FB page, etc.” Ironically, it was on Twitter that I learned my lesson. A few lawyers who have been practicing for, oh, I dont know, several millennia, made the issue perfectly clear for me. Its the service we provide to you, the actual legal work we do, that should be the reason you’re coming to us. Not some Tweet or the ability to do some Google + hangout. Its us focusing on the work and on making you know that you’re an important part of this firm. Thats good business. I was mistaken when I previously thought that if I just gave my clients the ability to tweet me questions or to have a Skype appointment, that we would reach so many more people. Maybe it will happen someday, but I don’t really care if Im not the first person to that Ball. I want to ensure each client is treated well, with respect, and their case is handled just as well. I cant do that in under 140 characters.