Can this agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the federal ESIGN framework (15 U.S.C. ch. 96) and state UETA statutes in most jurisdictions, provided intent, consent, attribution, and reliable record retention are met.

Do consumer electronic disclosure rules apply?

If delivering consumer-facing records electronically, provide the ESIGN consumer disclosure, demonstrate access capability, and allow withdrawal of consent as required by 15 U.S.C. §7001(c); failing to do so may render electronic delivery ineffective.

Is notarization or witnesses required?

Not typically for a plain consultation agreement, but state rules vary and certain declarations or powers attached to the engagement may require notarization or witnesses; check state notary and RON rules if a notarized acknowledgement is desired.

What supporting documents should be attached?

Attach identification copies, a written scope of services, fee receipts or estimate, and any consumer-disclosure text. For healthcare-related matters, include signed HIPAA authorizations if PHI will be exchanged.

How do I revoke or cancel the agreement?

Follow the termination clause in the agreement. If none exists, communicate revocation in writing and retain proof of notice. For electronic agreements, preserve the audit trail showing the revocation request and receipt.

What happens if information is incorrect?

Incorrect client data can impede identity verification, delay follow-up, or create enforceability issues. Material errors in names, fee amounts, or dates should be corrected in a signed amendment noting the original effective date.

Electronic Signature
Templates
Legal
Bankruptcy Consultation Agreement

Bankruptcy Consultation Agreement

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Bankruptcy Consultation Agreement

This Bankruptcy Consultation Agreement (Agreement) is entered into effective as of between Consultant Name: and Client Name: . The parties agree as follows:

RECITALS

WHEREAS, Consultant is a licensed attorney or law firm with experience advising individuals and entities regarding bankruptcy filing options and related remedies; and

WHEREAS, Client seeks professional consultation regarding potential bankruptcy relief, including but not limited to evaluation of available chapters, consequences of filing, and preliminary preparation of required documentation; and

WHEREAS, Consultant is willing to provide a consultation on the terms set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. SCOPE OF CONSULTATION

1.1 Engagement. Consultant shall provide a consultation to Client limited to analysis of Client's financial condition, explanation of potential bankruptcy options, and advice regarding the steps necessary to pursue bankruptcy relief. Consultant shall not commence full representation for bankruptcy filing unless and until the parties execute a separate written engagement agreement and any required retainer is paid.

1.2 Scope Details. Consultation may include: review of assets and liabilities, discussion of Chapter selection, statutory exemptions, means test assessment, anticipated schedules, and necessary documentation. Consultation does not include drafting or filing petitions, representation in court, or negotiation with creditors except as expressly agreed in a later engagement.

1.3 Types of Relief Discussed (select applicable): Chapter 7 Chapter 13 Chapter 11 Other:

2. FEES, RETAINER AND COSTS

2.1 Consultation Fee. Client shall pay a consultation fee of for the initial consultation session. This fee covers the time and advice provided during the consultation and any brief follow-up communication limited to clarification of matters discussed.

2.2 Retainer for Extended Services. If Client and Consultant agree that Consultant will perform extended services beyond the consultation, Client shall pay a retainer in the amount of , which shall be applied against fees and costs pursuant to a separate engagement letter. Any unused portion of a retainer will be returned in accordance with applicable trust accounting rules unless otherwise agreed in writing.

2.3 Hourly Rate and Costs. Hourly billing, if applicable under a separate engagement, shall be at a rate of per hour for attorney time, and per hour for paralegal time. Client is responsible for court filing fees, courier charges, credit report fees, and other out-of-pocket expenses.

2.4 Payment Terms. Payment for the consultation is due at or before the consultation. Payment of any retainer or other advanced payment shall be due on the terms set forth in any subsequent engagement agreement.

3. CLIENT REPRESENTATIONS AND OBLIGATIONS

3.1 Client Representations. Client represents that all information provided to Consultant is true and complete to the best of Client's knowledge. Client shall promptly provide additional documents and information as reasonably requested by Consultant to evaluate Client's options.

3.2 Duty to Disclose. Client acknowledges an ongoing duty to disclose material changes in financial condition or creditor claims that arise before any filing or termination of services.

4. CONFIDENTIALITY; ATTORNEY-CLIENT RELATIONSHIP

4.1 Confidentiality. Consultant will treat communications and documents provided by Client as confidential to the extent required by law. Such confidentiality is subject to lawful discovery, court order, or other legal obligation, and does not apply to communications made to further a future crime or fraud.

4.2 No Full Representation by This Agreement. The parties acknowledge that this Agreement governs only the consultation described herein. Full legal representation for filing bankruptcy or representing Client in court requires a separate written engagement agreement signed by both parties and payment of any required retainer.

5. CONFLICTS OF INTEREST

Consultant has made reasonable efforts to determine whether any conflict of interest exists. Client agrees to promptly disclose the identities of all creditors, co-debtors, and interested parties. If a conflict is subsequently discovered that materially affects Consultant's ability to represent Client, Consultant may withdraw or decline further engagement in accordance with applicable professional rules.

6. LIMITATION OF LIABILITY

Consultant's liability for claims arising from this consultation shall be limited to direct damages not exceeding the total amount of fees paid by Client for the consultation. Consultant shall not be liable for incidental, consequential, or punitive damages. This limitation shall not apply to liability for intentional misconduct or gross negligence to the extent permitted by law.

7. RECORDS AND DOCUMENTS

Documents and records generated during the consultation shall be maintained by Consultant in accordance with applicable record retention rules. Client may request copies of documents prepared for the consultation; Consultant may charge reasonable copying and delivery fees for such copies.

8. TERMINATION

Either party may terminate the consultation engagement at any time upon written notice. Termination shall not affect Client's obligation to pay fees for time performed or expenses incurred prior to termination. Any retainer applied to fees will be handled in accordance with the separate engagement agreement and trust accounting rules.

9. NOTICES

Consultant Contact Information Client Contact Information

10. DISPUTE RESOLUTION

The parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before initiating litigation. Nothing in this section prevents either party from seeking provisional injunctive relief in a court of competent jurisdiction.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

11.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice-of-law principles.

11.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral.

11.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

12. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Agreement must be in writing and signed by both parties. Failure to enforce any provision shall not constitute a waiver of that provision. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. ACKNOWLEDGMENTS

Client acknowledges that Consultant has explained the limits of the consultation, the fees charged, and that no guarantee has been made as to the outcome of any bankruptcy proceeding. Client affirms that Client is authorized to provide the financial information and to retain Consultant for the consultation described herein.

Additional Notes or Special Instructions

Consultant Printed Name:

By:

Date:

Client Printed Name:

By:

Date:

What the Bankruptcy Consultation Agreement Is

A Bankruptcy Consultation Agreement is a short engagement contract that records the scope, fee terms, confidentiality, and mutual expectations for an initial counseling session between a prospective debtor and a bankruptcy professional. It frames whether the meeting is an intake, a document review, or an advisory consultation, and clarifies whether representation will follow. The agreement helps preserve privilege where applicable, documents disclosures required by consumer-protection rules, and creates a clear record of fees, limits of advice, and any follow-up obligations for both parties.

Why a Written Consultation Agreement Matters

A written Bankruptcy Consultation Agreement reduces misunderstandings about scope, protects client and practitioner expectations, and documents consent for electronic delivery or records retention. It supports compliance with consumer-protection and evidence rules and provides a clear starting point if further engagement or court filings are needed.

Who Typically Uses This Agreement

Professionals and individuals use a Bankruptcy Consultation Agreement to set clear terms before substantive work begins.

Debtors considering bankruptcy who need an initial assessment, timeline, and cost estimate.
Bankruptcy attorneys or credit counselors offering paid or pro bono intake consultations.
Law firms or clinics documenting limited-scope engagements and conflict checks.

The agreement is appropriate for single consultations, limited-scope advice, or pre-retention interviews where both parties want a concise written record.

Who May Sign and Bind the Agreement

Debtor — Prospective Client

A natural person who is the subject of the consultation must sign to consent to terms, fees, and any electronic disclosures. If the client is an entity, an authorized officer or registered agent should sign and state their capacity explicitly.

Attorney — Firm Representative

A licensed bankruptcy attorney or an authorized firm representative signs on behalf of the firm to confirm scope, fees, and confidentiality. Counsels should include bar number and mailing address for professional identification.

Essential Information to Include

Full Legal Name: Client legal name

Contact Information: Street, city, state, ZIP

Identification: Driver's license or state ID

Scope Summary: Single-session or limited scope

Fee Terms: Flat fee or hourly rate

Consent Method: E-signature or wet signature

Risks If the Agreement Is Incomplete or Incorrect

Fee Disputes: Client confusion on charges

Privilege Loss: Unclear scope may weaken privilege

Invalid Consent: Missing ESIGN consumer disclosure

Wrong Signatory: Unauthorized signer may void terms

Missed Deadlines: Statute or filing windows affected

Record Retention: Noncompliance with retention laws

Common Preparation Mistakes to Avoid

Using an informal email or note in place of a signed agreement, which can make fee and scope disputes harder to resolve in court or arbitration.
Failing to obtain explicit consent for electronic records and signatures when consumer-facing financial advice is delivered, contrary to 15 U.S.C. §7001(c) requirements.
Mismatching the client name on identification and the agreement, leading to identity or attribution issues during e-signature verification or court proceedings.
Omitting document retention periods and storage instructions, which complicates later discovery and fails to meet HIPAA or IRS retention expectations when applicable.

What a Professional Agreement Should Contain

A robust Bankruptcy Consultation Agreement balances clarity and brevity: it must state scope, fees, confidentiality, and signatory authority while leaving room for follow-up engagement terms.

Scope of Services

Describe whether the session is an information-only intake, advice on alternatives, document review, or a limited-scope representation. Be precise about actions the practitioner will and will not take during the consultation.

Fees and Billing

Specify flat fee or hourly rate, payment timing, refund policy, and whether costs for filing or third-party services are included or billed separately to avoid later disputes.

Confidentiality

State attorney-client privilege where applicable, limits to confidentiality (e.g., imminent harm), and whether non-attorney staff participate in the intake process.

Deliverables

List any materials the practitioner will produce (advice memo, checklist, next steps) and expected delivery timelines or milestone dates for follow-up.

Consent for Electronic Records

Include the ESIGN consumer disclosure if delivering records electronically and explain how a client can withdraw consent or request paper copies.

Termination and Next Steps

Explain how either party may end the consultation, the process to retain ongoing representation, and any deadlines for accepting quotes or filing actions.

Step-by-Step: Completing the Agreement

Follow a predictable sequence to complete and preserve the agreement so it is enforceable and easy to locate if needed later.

01

1. Identify Parties: Enter full legal names and capacities
02

2. State Scope: Concise description of the consultation
03

3. Confirm Fees: Record amount, payment method, timing
04

4. Obtain Signatures: Collect signatures and date the document

Typical Online Workflow Settings

Configure your digital workflow to collect the right information and preserve an audit trail when e-signing or exchanging documents online.

Field	Configuration
Signer Order	Debtor then attorney
Authentication	Email plus SMS code
Reminders	Email reminders at 3 and 7 days
Audit Capture	IP, timestamp, and consent log

Digital Signing and System Requirements

Ensure your e-signature platform captures signer identity, consent, and an audit trail compatible with ESIGN and UETA requirements.

File Formats: PDF and DOCX supported
Integrations: CRM and cloud storage
Authentication: Email, SMS, or KBA

Select a platform that stores tamper-evident copies and preserves metadata (IP, timestamps). For healthcare-related consultations, confirm HIPAA support and a signed BAA before transmitting PHI.

How Electronic Completion Typically Works

A clear online flow minimizes signer friction and preserves the legal elements of an electronic signature: intent, consent, attribution, and record retention.

Upload Document: Add the agreement to the signing platform
Place Fields: Add signature, date, and initials fields
Send to Signers: Use email or secure link delivery
Store Signed Copy: Archive PDF with audit trail

eSignature Vendor Pricing Snapshot

Compare common plan metrics for selecting an e-signature provider; signNow is listed first per vendor comparison requirements.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions

Answers to common concerns about execution, enforceability, and practical steps for managing a Bankruptcy Consultation Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the federal ESIGN framework (15 U.S.C. ch. 96) and state UETA statutes in most jurisdictions, provided intent, consent, attribution, and reliable record retention are met.
Do consumer electronic disclosure rules apply?
If delivering consumer-facing records electronically, provide the ESIGN consumer disclosure, demonstrate access capability, and allow withdrawal of consent as required by 15 U.S.C. §7001(c); failing to do so may render electronic delivery ineffective.
Is notarization or witnesses required?
Not typically for a plain consultation agreement, but state rules vary and certain declarations or powers attached to the engagement may require notarization or witnesses; check state notary and RON rules if a notarized acknowledgement is desired.
What supporting documents should be attached?
Attach identification copies, a written scope of services, fee receipts or estimate, and any consumer-disclosure text. For healthcare-related matters, include signed HIPAA authorizations if PHI will be exchanged.
How do I revoke or cancel the agreement?
Follow the termination clause in the agreement. If none exists, communicate revocation in writing and retain proof of notice. For electronic agreements, preserve the audit trail showing the revocation request and receipt.
What happens if information is incorrect?
Incorrect client data can impede identity verification, delay follow-up, or create enforceability issues. Material errors in names, fee amounts, or dates should be corrected in a signed amendment noting the original effective date.

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