Most working relationships with a remote bankruptcy assistant begin with a handshake and a first case. That is fine for a trial, but once the work is regular, a short written agreement protects both of you. It does not need to be long. It does need to say clearly what each side is responsible for.
The points below are a checklist of topics to cover, not a template or legal advice. Have your own counsel or your state bar's guidance shape the actual wording.
1. Scope of work
Describe what the assistant will prepare (for example, Chapter 7 petitions, Chapter 13 petitions and plans, amendments) and what they will not do. State plainly that the assistant prepares documents under your direction and that legal advice, strategy and the decision on which chapter to file belong to you.
2. Supervision and review
Say who reviews the work and when. Because you sign the petition, your review step is non-negotiable, and the agreement should treat it that way. If you use a standard checklist, note it, and specify how questions and corrections are exchanged.
3. Confidentiality and data handling
- The assistant keeps all client information confidential and uses it only for your cases.
- How files are transferred, stored and backed up.
- That client data is returned to you on request, in a secure format.
- How sensitive information is destroyed once it is no longer needed.
NAVBA members make these commitments in the Code of Ethics, including the obligations to protect and back up client data and to provide it to the attorney at no cost on request. A written agreement makes them specific to your arrangement.
4. Turnaround and communication
Set a normal turnaround, how rush cases are handled, and what the assistant does when a document is missing or numbers do not reconcile. Name the person to contact and how quickly each side will respond.
5. Pricing and payment
State the fee structure, when invoices are sent, when they are due, and what is included. Ask for itemized invoices that show the work done on each case. The Code of Ethics asks members to keep thorough records of every task and to provide a detailed, accurate invoice, so this should be an easy request.
6. Corrections and responsibility
Say what happens when there is an error: the assistant corrects it promptly, and how any cost of an amendment is handled. A clear process is more useful than a guarantee that nothing will ever go wrong.
7. Ownership of work
Clarify that completed drafts and client files belong to your office, and whether the assistant may keep any anonymized sample for their own training or portfolio. Most attorneys will want the answer to the second part to be no, or only with permission.
8. Conflicts and independence
Address whether the assistant works for other firms, and how conflicts of interest will be disclosed. State that they will not take cases directly from the public in your market. NAVBA members pledge to use their skills solely to support licensed attorneys, never to work directly for the general public.
9. Ending the arrangement
Agree on notice, what happens to cases in progress, and how files are returned. Most disputes arise at the end of a relationship, so this part is worth getting right at the start.
Keep it short and review it
A one- or two-page agreement that both sides actually read is better than a long one that neither does. Revisit it once the first few months show how the arrangement really works. For the surrounding process, see our guides on onboarding and supervision, or request a VBA if you are ready to start the search.
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.
