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HOW TO FIND AN ATTORNEY WHO CAN POSSIBLY WIN FOR YOU!

Start With This:

1. find your state bar organization online. Typically they will have a ‘lawyer’ lookup feature.
Type in the prospective attorney’s name. You will probably see things such as: where the
attorney went to law school; the year he/she joined the bar; any disciplinary actions or
suspensions of law license; dates of re-instatement of law license; whether lawyer is in
good standing or not; his/her law license number.
2. do a search for Martindale Hubbel (or www.martindale.com) and also input the attorney’s
name. you can possibly obtain even more information on the attorney and even their
practice specialties. BEWARE: one attorney who started up a foreclosure mill in
California had a background of some 15+ years as an immigration attorney and decided to
switch to foreclosure word as it is more lucrative. In doing so…he screwed up several
cases, was reprimanded by a judge, had to pay back the client(s) etc. Several people I know
ended up being evicted per his negligence.

Here are the the things you should want to know and to get CLEAR answers that are verifiable
from any attorney you interview:

A) What type of practice do they have?


B) Have they litigated property matters before? How many times? With what results?
C) Have they litigated mortgage issues including foreclosures? How many times? with what
results?
D) Do they have any specialization, certification or degrees in real property law, securities,
contract law, Uniform Commercial Code, appraisals, real estate closings? What are those and
when did they get it?
E) Do they have a working knowledge and experience litigating in Federal Court (bankruptcy
preferred), State Court, jury trials, non-jury trials. How many trials have they been lead counsel?
What is their record of success?
F) How would they rate themselves in proficiency in motion practice, discovery, trial, cross
examination?
G) Can you get references from other clients?
H) Will they litigate to win or just delay the proceedings?
I) What are their personal views regarding the foreclosure crisis? Is their attitude one of outrage as
to what has been done to homeowners, the national and world economy or complacency with a
wink at the Judge that this is a real obligation that the “borrower” owes but wants to get out of
because of some procedural sleight of hand?
J) What do they think of the financial bailout to Wall Street?
K) Do they agree that the homeowners were targeted victims of a vast scheme to drain
homeowners and investors of as much wealth as possible or do they think borrowers were the
greedy ones trying to buy houses they couldn’t afford?
L) What do they propose to do for you? Do they have experts with whom they maintain
relationships? who are those experts? can you speak with them?
M) How much do they charge and how do they charge (by the hour, monthly, contingency fee,
costs, expenses). Don’t give a big amount of money upfront.
Negotiate a payment plan if you can (i.e a monthly fee as long as you still in the house and the plan
can be cancelled by you anytime without penalty)
N) What is the total amount they expect that you will be charged for this litigation? (Ignorance
would indicate they haven’t been doing this much or with much success).
O) Will you be provided with copies of all correspondence and notes to file?
P) Will you have telephone access tot he attorney? How often? For how long?
Q) Will this attorney be representing you and working your file or an associate? If an associate,
you want to ask the same questions regarding the above.

Listen carefully to the answers. Take notes. Go home and think it over even if it only for an hour.

Don’t let “emergency” conditions dictate settling for an attorney who doesn’t understand
securitized residential mortgages. It will only get worse that way.

Go to the Court House, ask the clerk for many files of cases handled by your potential lawyer and
read them so you can have a valuation of his work.

At the Court House you may be able to look up cases by searching with the Attorney’s name.

ALSO, consider attending some hearings which the attorney will be representing another client at

Lastly—once you decide on the attorney and sign the agreement, always get a copy of the
agreement

If you are required to put down a retainer, then the attorney should be sending you monthly billing
statements for drawing on the retainer escrow account.

Make sure you also request to have copies ALL filed court documents sent to you.

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