Every NAVBA member agrees to the association's Code of Ethics. It is written as a set of pledges: to attorneys and to fellow Virtual Bankruptcy Assistants. A list of pledges is easy to nod along to. This article translates the main ones into everyday behavior, so attorneys know what to expect and assistants know what is expected of them.
"Support licensed attorneys, never work directly for the public"
Members pledge to use their skills solely to support licensed bankruptcy attorneys. In practice, that means a VBA does not take on debtors as direct clients, and does not prepare a petition for a member of the public without an attorney. When someone who needs to file contacts a VBA directly, the pledge also calls for referring them to at least two licensed bankruptcy attorneys. For attorneys, this is the foundation of the relationship: the assistant works for you. The wider legal context is in what non-attorney assistants may and may not do.
"Only offer services I am genuinely competent to provide"
Members pledge to represent their skills honestly, recognize their limits, and refer work to other qualified VBAs when it falls outside their skills. In practice, a good assistant says "I have not done that kind of case" and either suggests someone suitable or proposes a trial case with close review. Attorneys should treat that honesty as a plus.
"Protect and back up client data"
Members pledge to protect confidential information, to back up all client data and to provide it to the attorney at no cost, in a secure format, on request. They also pledge to shred or dispose of sensitive details such as Social Security and card numbers once they are no longer needed. Day to day, this looks like encrypted transfer, unique passwords with two-step verification, regular backups and a clear end-of-case clean-up. Attorneys can ask about each of these. See protecting debtor data when you work remotely.
"Keep accurate records and provide detailed invoices"
Members pledge to keep thorough records of every task and to give the attorney a detailed, accurate invoice. For attorneys, that means invoices you can reconcile to specific cases, and records you can check months later. For assistants, it means tracking time and tasks as you go, not reconstructing them at month end.
"Take responsibility for my work and make things right"
Members pledge to own mistakes and do what it takes to correct them for the attorneys they serve. When an error is found, a member's response should be quick, plain and constructive: what went wrong, what is being fixed and how it will not happen again. That is also a strong basis for a long working relationship, since every assistant makes mistakes at some point.
"Put each attorney's best interest first"
The Code asks members to make sure they have the skills and resources before taking on a client relationship, to act as a representative of the attorney and protect the attorney's interests, and to inform attorneys of anything that could limit their effectiveness. In practice: tell the attorney early if you are going on holiday, have a full workload or run into trouble, instead of letting a deadline decide for you.
"Never misrepresent my authority"
Members pledge never to misrepresent any authority entrusted to them. A VBA is not the attorney, does not sign for the attorney and does not hold themselves out as able to give legal advice. That clarity protects the attorney, the debtor and the assistant.
Treating fellow VBAs fairly
A second set of pledges covers colleagues. Members commit to competing fairly, not poaching one another's clients, not disparaging other virtual assistants (including online) and not misusing confidential information or intellectual property gained through a professional relationship. For attorneys, the effect is a community in which assistants refer overflow work to one another instead of undercutting each other.
What the Code is and is not
The Code is a statement of professional commitments by members. It is not a substitute for an attorney's own judgment, supervision or duties under the rules of their state. Attorneys remain responsible for the work they sign; see supervising a remote assistant. But it gives both sides a shared standard to point to, and it is a useful set of questions for vetting any assistant.
Next steps
Attorneys can find members in the NAVBA directory or request a VBA. Assistants who want to work to this standard can join NAVBA.
This article is general information about bankruptcy practice, not legal advice. Local rules, trustee preferences and state law vary, so confirm current requirements for your jurisdiction.
