Handing petition drafting to a remote assistant does not hand over your responsibility for the filing. The ethics rules that govern lawyers' supervision of non-lawyer assistants apply wherever the assistant sits. The good news is that supervising a remote professional is mostly a matter of having a simple, repeatable process.
Know the rules that apply to you
Most states have adopted some version of ABA Model Rule 5.3, which requires lawyers to make reasonable efforts to make sure a non-lawyer assistant's conduct is compatible with the lawyer's own professional obligations. The ABA has also addressed outsourcing directly (see Formal Opinion 08-451), including competence, confidentiality and avoiding the unauthorized practice of law. Check your own state's rules and bar guidance, because they differ.
When you sign a petition, you also take on the certifications that come with your signature under the Bankruptcy Rules and the Bankruptcy Code. A remote assistant does not change those. It is one more reason to build the review into the process rather than hoping for the best.
1. Set expectations before the first case
Agree in advance on the scope of work, turnaround, price and how you want files delivered. Tell the assistant about your local rules and your trustee's preferences. Spell out what they should do when a question comes up, which is simple: questions about advice go to you. Which chapter to file, which exemption to claim and how to treat a particular asset are your decisions.
2. Start with one case
Send a single case first and review it carefully. The point is to learn how the assistant works, what they catch and what you will need to correct, before you rely on the arrangement at volume.
3. Use a defined review step
Do not review a petition by rereading it from the top. Review against a checklist, so every petition gets the same attention. We have a starting point in a petition review checklist. Keep a short list of recurring corrections, and send it back to the assistant so the same mistake does not appear twice.
4. Make it easy to send questions back
A good assistant will flag missing documents, inconsistent numbers and open questions rather than guessing. Make that a clear part of the process: a place to send questions and a time by which you will answer them.
5. Protect client information
Debtor files contain Social Security numbers, account numbers and financial detail. Ask how the assistant stores and backs up files, how they transfer them to you, and what they do with sensitive documents when the case is over. NAVBA members commit in the Code of Ethics to protecting and backing up client data, providing it to the attorney on request, and disposing of sensitive information once it is no longer needed.
6. Ask for detailed invoices
Clear records of what was done, and when, make it easier to bill, to audit and to answer a question months later. The same Code of Ethics asks members to keep thorough records of every task and to provide detailed, accurate invoices.
Where to find an assistant to work with
The NAVBA directory lets you contact a Virtual Bankruptcy Assistant directly, at no cost to use it. If you would rather have a few names, request a VBA and we will point you to members who are accepting work.
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.
