New Year’s Resolutions From This Oklahoma Bankruptcy Lawyer

by Dan Nunley

With 2010 quickly approaching, many of you are resolving to do things differently in the new year. It’s always a good thing to examine our lives, evaluate our strengths and weaknesses, and set specific, measurable and realistic goals for the future.

Here are a few of my New Year’s resolutions:

1.  Read, read, read and study, study, study. Bankruptcy law is one of the most complex and evolving areas of the law that exists and staying up-to-date takes much time and effort. That is why why most of the general practice lawyers (those who take whatever case walks in the door whether it be divorce, criminal, personal injury, real estate or bankruptcy) have realized that there is no way they can be competent in bankruptcy law. And knowing that there is now increased attorney liability for errors (sanctions, costs and legal fees), most general practice attorneys have made the wise decision to stop dabbling in bankruptcy and instead refer those cases to a lawyer who limits his or her practice solely to bankruptcy. My clients can rest assured that I regularly read and re-read the Bankruptcy Code and Rules, the local rules of the bankruptcy courts in which I practice, new bankruptcy cases as they are decided, as well as commentary about them.

2.  Attend several of the best bankruptcy Continuing Legal Education (CLE) seminars offered in 2010. The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was the most complicated overhaul of the Bankruptcy Code in several decades. And even though it’s been four years now since the BAPCPA became effective, there are still many areas of the law that are unclear. Bankruptcy judges, bankruptcy trustees, and bankruptcy lawyers continue to disagree on how much of the new law should be interpreted and applied. And bankruptcy judges do not even agree with each other as court rulings vary drastically from jurisdiction to jurisdiction. Therefore, I’m resolving to take as many Continuing Legal Education courses as possible on bankruptcy.  The National Association of Consumer Bankruptcy Attorneys (NACBA), of which I have been a member since 1997, provides the best educational seminars for consumer bankruptcy lawyers that exist. I plan on attending both NACBA’s 18th annual convention which is a 3-day event with multiple tracks of educational seminars covering a broad swath of bankruptcy topics. I also hope to attend NACBA’s fall workshop which is a smaller conference offering advanced level bankruptcy seminars.

3.  Stay on the leading edge of incorporating new technology into my law office. As most of my readers know, after years of operating a traditional brick-n-mortar law office with its staff and high overhead and which was not designed for client convenience, I now operate as a true solo attorney with no staff and a practice designed to offer clients both convenience and quality. My commitment to use the latest technology allows me to maintain a paperLESS office that is 99% digital which means that my bankruptcy office travels with me wherever I and my MacBook Pro and my iPhone go. I can do whatever is necessary to work on a client’s case, and my clients can reach me by email or phone, wherever I am. I will continue to evaluate new technology and incorporate whatever new technology will benefit my clients.

4. Increase the number of pro-bono cases I take. The current economic recession has increased the number of people who need to file bankruptcy but cannot afford to hire a bankruptcy lawyer. And because the bankruptcy laws are complex, the vast majority of individuals do not have the ability to represent themselves competently in bankruptcy matters. Therefore, I will take on more cases in 2010 where I represent for free deserving clients who do not have the ability to pay my attorney’s fee.

Thanks for being a reader of the Oklahoma Bankruptcy Lawyer Blog in 2009. I hope you’ve found this blog to be both interesting and informative. I invite you to become a regular reader in 2010 and if you aren’t receiving a FREE subscription, please to do so by going to the top of the page just to the left of my picture and clicking on the link to receive blog posts either by Email or RSS feed.

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January 7, 2010 at 4:33 am

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Steve Rhode January 5, 2010 at 8:51 am

Dan,

I was really impressed by your goals. Being a bit of a technogeek myself I’ve been telling everyone how you broke the brick and mortar bonds and went Mac. Good for you. It certainly is liberating.

Steve

Dan Nunley January 5, 2010 at 9:44 am

Steve, Thank you for your kind words.

I just happen to be on the leading edge of a whole new way of practicing law. There’s no denying that the practice of law is overdue for major changes in the way services are delivered to clients. I believe the next decade will see many more lawyers abandon the “ivory tower” mentality of thinking that a successful lawyer must have a large office in the high-rent district with all of the “bells and whistles” which necessarily equates to extremely high overhead and stress galore for the lawyer not to mention inconvenience and added stress for the client.

The biggest issues holding many lawyers back from making the change are ego and resistance to change, two problems that are endemic to the legal profession. Many, many lawyers, primarily older lawyers, have the mistaken idea that you can’t be a real lawyer if you don’t have a fancy office, drive a luxury car, and wear an expensive suit. Or at least there must be something terribly wrong with you if your law practice doesn’t consist of these things.

But I can honestly say that I’ve never been happier as a lawyer than I am today operating as a true solo from a home office with very low overhead. I have no more stressful daily commutes, I get to be nearer to my family, and now I run my law office instead of it running me.

And my clients tell me that they appreciate how my law practice is unusual in that it is designed for their convenience. They no longer have to endure a relationship built solely upon the lawyer’s convenience and schedule which requires a client to endure the hassle and expense of taking time off work or hiring a babysitter, only to then get to drive to a lawyer’s office, hunt for a parking space, and sit in a waiting room full of old magazines.

Instead, my clients enjoy the ability to communicate with me from the convenience of their own home by telephone or email and when we need to meet face-to-face, we meet somewhere casual, comfortable and convenient for us both such as a local coffee shop. And get this Steve … I even make house calls.

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