Consumer Communication Standards

Why Communication Standards Matter for BPPs

Bankruptcy clients are navigating one of the most stressful financial events of their lives. They are often confused about the process, anxious about outcomes, and dependent on the people they work with for guidance. That vulnerability makes clear, accurate, and appropriately bounded communication not just a professional standard, but a practical obligation.

Under 11 U.S.C. § 110, a BPP has a duty to provide accurate information about the documents they are preparing. This duty is operational, not legal: it means transcribing information correctly, explaining what each form asks for, and making sure the client understands what they are signing. It does not extend to legal interpretation, case strategy, or outcome prediction.

Communication failures are one of the most common sources of BPP complaints and court sanctions. They fall into three categories: saying too much (crossing into legal advice), saying too little (failing to explain the process clearly), and saying something inaccurate (providing incorrect procedural information). All three are avoidable with disciplined communication habits.

What You Can and Cannot Say

The boundary between permitted BPP communication and unauthorized legal advice is defined by whether the statement requires legal analysis to make. Describing what a form asks for is permitted. Telling a client how their specific facts should be interpreted in the context of that form is not.

The four pairs below illustrate where the line falls in common practice. Each pair identifies a permitted statement and a prohibited one, with an explanation of why the distinction matters.

Initial Client Consultation: Communication Framework

The first meeting with a client sets the foundation for the entire engagement. A BPP who communicates clearly in the initial consultation establishes realistic expectations, avoids scope creep, and reduces the likelihood of misunderstandings later in the process.

What to Cover in the First Meeting

Fee Disclosure Language

Under § 110(h), the fee disclosure must be in writing and provided before services begin. The verbal component of the disclosure is equally important: the client must actually understand what they are agreeing to pay and what services are covered. Reading the disclosure aloud and asking the client to confirm their understanding before signing is recommended.

The fee disclosure should state the total amount charged, list the specific services included (intake, form completion, packet assembly, and delivery), confirm that no legal advice is included in the fee, and state that the fee is not contingent on any case outcome.

Setting Expectations

Be explicit about the difference between the BPP role and the attorney role. Clients often do not understand this distinction when they arrive. A clear explanation at the outset prevents the client from expecting legal guidance throughout the engagement.

Sample Opening Script

Written Communication Standards

Written communications are permanent records. Every email, text message, letter, or written note you send to a client can be reviewed by the client, by the court, or by a regulatory authority. Written communication that crosses into legal advice, makes outcome predictions, or provides inaccurate procedural information creates liability for the BPP.

Use written communication whenever you need to create a record: document requests, status updates, fee discussions, and referral communications should always be in writing. Verbal communication is appropriate for consultations and informal check-ins, but any verbal conversation that involves significant instructions or commitments should be followed up with a written summary.

Email and Text Message Standards

Sample Client Update Email

Delivering Difficult Information

Some conversations in BPP practice are inherently uncomfortable: telling a client you need more documents, declining to answer a legal question, or managing a client who is frustrated or anxious. These conversations are manageable when you have a clear framework and know exactly what to say.

Language Access and Plain Language

Bankruptcy documents contain a great deal of technical legal terminology. Clients who do not encounter this language regularly, which is the vast majority of people filing bankruptcy, need that language translated into plain terms before they can meaningfully participate in the process. Plain language is not about dumbing down the content; it is about removing unnecessary barriers to understanding.

The Plain Language Principle

Use the simplest accurate word. Explain every term before using it. Write or speak in the second person (you, your) when giving instructions. If a client asks you to repeat or clarify something, treat that as information: the explanation was not clear enough the first time.

Working with Non-English-Speaking Clients

When a client does not speak English fluently, you are obligated to use a qualified interpreter. A family member may serve as an interpreter, but the client should understand that the interpreter is not providing legal advice and that the BPP is relying on the accuracy of the interpretation. For formal matters, a professional interpreter is strongly preferred.

Document the use of an interpreter in the client file: note who served as interpreter, their relationship to the client, the date, and what was communicated. This documentation protects both the client and the BPP if interpretation accuracy is ever questioned.

Plain Language Checklist

Escalation and Referral Communication

Knowing when to refer a client to an attorney is as important as knowing how to complete the forms. A BPP who answers legal questions to avoid the discomfort of referring the client crosses the line into unauthorized practice. The escalation scripts and triggers below make the referral process clear and professional.

When to Refer to an Attorney

How to Make the Referral

Frame the referral as a normal and helpful part of the process, not as a problem or a rejection. Many clients fear that a referral means something is wrong with their case. Normalize the attorney referral by explaining that legal questions are expected and that attorneys handle them routinely.

Sample Attorney Referral Script

Documenting the Referral

Every attorney referral should be documented in the client file with the date, the topic that triggered the referral, and the client's response. If work on a specific section was paused pending attorney guidance, note that as well. This documentation shows that the BPP acted appropriately when the scope boundary was reached.

Module 8 — Knowledge Check

Review the following questions before proceeding to Module 9. No answers are provided. If you are uncertain about any item, return to the relevant section above before continuing.