New Virtual Bankruptcy Assistants often ask what to charge. There is no single answer, and anyone who gives you one number for every market is guessing. NAVBA members are independent professionals who set their own scope and rates. What you can do is build a pricing structure that is clear, fair and easy for an attorney to say yes to.
Start with scope, not price
A price means little until you have defined what it covers. Decide what is included in a petition and what is separate:
- Core drafting: the petition, schedules and statement of financial affairs for Chapter 7, Chapter 13, or both.
- Add-ons: due diligence research, e-filing, emergency skeleton petitions, 341 meeting notices, amendments, post-petition follow-up, pleadings and motions.
- Edge cases: joint filings, business debtors, cases with a lot of documents and rush turnaround.
Common ways to structure pricing
- Per petition: a fixed amount for each completed petition. Attorneys like the predictability, and it matches the way many law firms think about case costs.
- Per service: a base price for drafting, with separate prices for add-ons such as e-filing and amendments.
- Hourly: simple to explain, but it can make attorneys nervous about the total.
Whichever you choose, tell the attorney the price before you start the work, and what would change it.
Factors to consider
- Your time, including your review and the questions you will have to ask.
- Your skill and experience, and whether you are certified.
- The complexity of the case, and the chapter.
- Turnaround, especially for rush and after-hours work.
- Your market and what attorneys in it are used to paying.
Spend some time researching what others offer, and avoid being the cheapest as a strategy. Low prices attract attorneys who shop on price alone, and it is hard to raise them later.
Agree on terms in writing
A short written agreement removes most problems. Cover the scope, price, turnaround, how files are delivered, how questions are handled, when you invoice and when payment is due. Include what happens if a case is withdrawn halfway through.
Invoice clearly
The NAVBA Code of Ethics asks members to keep accurate, thorough records of every task and to give attorneys a detailed, accurate invoice. Clear invoices get paid faster and prevent disputes. List the case, the work done and the amounts, and send them promptly.
Starting with a trial case
An attorney who has not worked with you may start with one case. That is normal, and a good way to begin. Agree on the price first, do excellent work and let the result make the argument for the next one.
Do not give away your time
Resist the urge to underprice the first few cases to win the work. Instead, offer a fair price and make it easy to try. If you are still building your skills, consider training and certification first; they help support the price you set.
NAVBA membership includes resources on how a professional VBA runs their business and quick-start marketing guidance on how to get attorneys calling. See what is included or 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.
