The used automobile sales industry is well known for its consumer protection abuses. However, because used car consumer cases often do not involve financially stable dealerships or claims against manufacturers, many consumer attorneys shy away from them. If you pick the right cases, you can build a viable auto fraud practice dealing with used car cases. This introductory presentation is geared to consumer attorneys who have incorporated or are considering incorporating used auto claims into their practice.
Negotiating Attorney Fees
Clients in bankruptcy or financial peril who need out of their car loan and a chance for a financial recovery? Friends or family having problems with cars or car dealers? Want tips on how to save thousands on car deals yourself? This presentation will provide the best methods to save thousands on car deals and will provide the fundamentals of California Consumer Law as applied to cars and car dealers. Although it will concentrate on California law, much will have general application to consumer law and car buying nationally.
In an era of tightened credit markets, more consumers are falling prey to scams promising improved credit. Millions of dollars are lost annually by consumers trying to achieve a higher credit rating. The Credit Repair Organizations Act (CROA) governs the conduct of those (including lawyers) that provide certain services— including mere promises of such services. With its fee-shifting provisions, CROA can successfully be used by consumer advocates to pursue fraudulent claims.
This webinar will cover maximizing damages under the Fair Debt Collections Act Statute, from start to finish, including finding the story of the case. An emphasis will be placed on actual damages, common law theories that help get to punitive damages, recent verdicts and awards. We’ll cover the authorities that help you establish the correct standard for determining actual damages (i.e. emotional distress) under the FDCPA, what evidence is needed to prove actual damages and punitive damages, as well as how to recover your attorney fees and costs.
Part 3 will cover the overlap of FCRA and the additional complexity of Chapter 13 bankruptcy. Mr. Krumbein will be discussing slightly more of the process of Chapter 13 and then go into the substantive law including the Bk D. Wisc. Case on correct credit reporting while in bankruptcy, and the VERY bad cases on credit reporting as a discharge violation- Helmes (Bk EDVA) and Mahoney (BK, WDTX). He will also briefly discuss the good case- Torres (Bk, SDNY). This is more about technical accuracy and less about the litigation and law.
Why You Should Attend
Many consumer protection cases are litigated under fee-shifting laws. If you prevail on behalf of the consumer in your case, you may be able to recover attorney fees from the other side. Many consumer protection attorneys are well versed on the substantive law that allows them to prevail on behalf of their clients. This webinar discusses the next step: how to prepare for and conduct an evidentiary hearing to ethically increase your chances of recovering the full amount of attorney fees to which you may be entitled.
The structure of fee agreements plays a significant role in the taxation of attorney’s fees. The Supreme Court has held that traditional contingency-fee agreements constitute impermissible assignments of taxable income ("fruit") from clients to their attorneys.
Benjamin Franklin quipped that “nothing can be certain, except death and taxes.” It is surprising, however, that your clients are taxed on the attorney’s fees that you earn while representing them. This webinar will explain why this is the case by looking at attorney’s fees through the lens of tax law.
It's tax season and by now you and your clients should have received 1099s for settlements and judgments from last year. These forms are often misunderstood and raise many questions, especially regarding their implications for the taxation of attorneys' fees. In this session, you will have the opportunity to have your own questions about 1099s answered and to learn from issues other NACA members are facing regarding these forms.