Being able to draft a good petition is the core of the job. Running a business around that skill is a second job. This checklist covers what to set up before you take your first client. It is general guidance, not legal, tax or financial advice, so check the details for your state and talk to an accountant or lawyer about your own situation.
1. Build the skill first
- Make sure you can draft Chapter 7 petitions from start to finish. Add Chapter 13 when you are ready.
- Practice on realistic sample files so you see how the schedules, the means test and the statements connect.
- Consider certification. It is optional, but it is a way to show attorneys your skill before you have references.
2. Understand the ethical line
A VBA works for attorneys, not for the public. Preparing documents under an attorney's direction is the job. Giving legal advice or working directly for debtors is not. Learn this line thoroughly, because everything else depends on it. Start with what non-attorney assistants may and may not do, and read the NAVBA Code of Ethics, which includes a pledge to use your skills solely to support licensed bankruptcy attorneys.
3. Set up your business basics
- Choose a business name and structure, and register according to your state and local requirements.
- Open a separate business bank account so income and expenses stay clean.
- Ask an accountant how to handle taxes on self-employment income.
- Consider business insurance, including coverage for professional errors, and check what is available for your situation.
4. Get your tools in order
- Bankruptcy petition software, ideally the programs attorneys already use. Exams and courses may also assume you have it.
- A reliable computer, internet connection and backup power or a backup connection for deadlines.
- A second monitor and scanner if you handle a lot of documents.
5. Make security a feature
You will handle Social Security numbers, bank statements and tax returns. Attorneys will ask how you protect them, so have answers: encrypted storage and transfer, strong unique passwords with two-step verification, regular backups, and a policy for deleting files when a case ends. Our guide on protecting debtor data when you work remotely goes through the steps.
6. Prepare your paperwork
- A short written agreement that covers scope, review, confidentiality, payment and ending the relationship. Attorneys may bring their own. See what attorneys typically put in one.
- A rate sheet and an invoice template that lists the work done on each case.
- A simple record system for tasks and time. The Code of Ethics asks members to keep thorough records and provide detailed invoices.
For ideas on pricing, see pricing and getting paid as a VBA.
7. Create a professional presence
- A professional email address and a short description of your services.
- A profile on LinkedIn or a simple website that says who you work for and what you do.
- A listing in the NAVBA directory, which every membership includes, where attorneys search for VBAs to hire.
8. Plan how you will find clients
Nobody can promise you a number of clients or an income. The people who succeed tend to contact attorneys consistently, offer a low-risk first case and follow up. We cover the approach in finding your first attorney clients.
9. Know your limits
Only take work you are competent to do, refer what you cannot to other qualified VBAs, and tell attorneys about anything that could limit your work. These are also commitments in the Code of Ethics, and they are good business, since attorneys remember who was honest with them.
Ready to start?
A NAVBA membership gives you the directory listing, the Code of Ethics and the other member benefits. Join NAVBA when you are ready to be found.
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.
