Trustee Blog

Call your former prospective bankruptcy clients

Posted by:


Call your former prospective clients this month.

School starts this month and the second bankruptcy season is about to begin. The kids are finishing their Summer vacation and the “happiest time of the year” is about to begin when the children go back to school.

Typically the bankruptcy yearly season has two times of the year when most people file chapter 7 bankruptcy cases. The busiest time of the year is teh second quarter of the year after people have come through the holidays and have tax refunds to pay for an attorney’s fee. The second busiest time is the Fall or fourth quarter of the year. My personal theory is that people are “hardwired” to do things in the Fall as school starts in the Fall. We have been socialized to start new projects in the Fall as we used to start school in the Fall. Also the Summer has passed and now people can concentrate on what needs to be done in their lives. That is why I think the Fall is the second busiest time of the year.

To take advantage of this trend, I suggest that you jump start your marketing efforts now. What better way than to contact the people that have contacted you about filing bankruptcy but for whatever reason have not followed through. This are the people that came to the office and had consultations but did not retain.

This may be the time to follow-up with them. Since they contacted you first, there is no ethical problem with picking up the phone or sending them an email as you are not soliciting them.

California Rules of Professional Responsibility Rule 1-400

“A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member’s or law firm’s professional duties is not prohibited”.

You are not soliciting them, merely checking up with them to see if now is the time to file bankruptcy. If they visited you in March and now it is August, their situation may have improved or gotten much worse. You will not know unless you make the call. It does not hurt you to find out. Fall is the season to start new things and it may be the time in their mind for them to retain you!

Bankruptcy Marketing Pointer:

Call those people that have contacted you this year about filing bankruptcy. The Summer is now over and the kids are back in school. These people now can concentrate on their financial affairs and may be more receptive to filing bankruptcy.


Since they first contacted you, you have a “prior professional relationship” with them and the telephone call or email will not be a prohibited solicitation. Make the call and you may have a new client in the Fall.


About the Author: