Lawsagna

What Should You Do When the Debt Collector Calls? by Guest Blogger Sergei Lemberg

Attorney Sergei Lemberg, who specializes in fair debt collection law is sitting in the guest blogger’s chair today.  Lemberg is the head of Lemberg & Associates, LLC, a team of attorneys located in several states across the country who specialize in collection law and lemon law.

When people get behind in their bills, they receive past due notices from creditors. If those notices go unheeded, typically what happens next is that the phone rings and there's a debt collector on the line. While most consumers aren't surprised for the call, they're unaware of what to do when that call comes in. Here are five survival tips:

1. Don't avoid the call. No one wants to answer a call from a debt collector. But, as tempting as it might be to avoid a collection call, that will just fan the flames and lead to harassment, threats, or worse.

2. Keep good records. Most bill collection agencies – especially those who have purchased large quantities of old debt for a song – try and get around the law or even break the law. If you're receiving calls or letters from a debt collector, keep a record of the date and time of each call or the date you received the letter. For phone calls, jot down the debt collector's name, the time of the call, and what was said. The federal Fair Debt Collection Practices Act has strict requirements about debt collection calls. If you choose to sue the debt collector for harassment, your written record will provide key evidence.

3. Watch for a letter. According to the FDCPA, a bill collection agency must, within 5 days of calling, send you a written notice. The letter must include specific information, such as the name of the creditor, the amount owed, and that you have 30 days to dispute the debt or it will be assumed that you agree that you owe the money. If no letter arrives, the debt collector has violated the FDCPA. Often, bill collection agencies count on consumers not knowing that they have 30 days to dispute, and let the clock run out before upping the ante.

4. Dispute the debt. Unless you have the money to pay off the debt, dispute the debt within 30 days. Even if you owe the money, forcing the debt collector to substantiate the debt gives you some time to put together a plan. The Fair Debt Collection Practices Act says that a bill collector cannot continue to collect on the debt until it's verified. If they continue to try and collect while the debt is in dispute, they're violating the law.

5. Contact a fair debt attorney. The FDCPA says that, if you have a lawyer, a debt collection agency must stop contacting you, and that all communication must go through your lawyer. If you've been the victim of debt collector harassment, an attorney should represent you free of charge. That's because the law says that, if a debt collector violates the law, the debt collection agency must pay for your attorney fees.

Hear Frank Felberbaum On Memory Development And Brain-Power Performance

[UPDATE] Yesterday, I had the pleasure of  interviewing Frank Felberbaum, the memory expert and author of "The Business of Memory: How to Maximize Your Brain Power and Fast Track Your Career," with Rachel Kranz. 

Frank Felberbaum is president of Memory Training Systems, a division of The Felberbaum Consulting Group, Inc., a global company specializing in memory development and brain-power performance strategies.  Formerly founder and director of The Memory Training Institute in Geneva, Switzerland, he has implemented his unique memory systems at more than 175 major corporations.

In 1995, Frank Felberbaum represented the United States at the World Memory Olympics in London and was awarded a special medal.  From 1997 to the present, he has trained and coached many of the mental athletes who compete at the U.S. Memory Championship held in New York City.

Now, you can listen to his interview and learn how to tap your full memory potential and put your career on the fast track to success.

Most of us forget 85 percent of what we learn within 72 hours.  Frank Felberbaum has taught thousands of business people throughout the world, including employees and executives at dozens of Fortune 500® companies how to become more efficient, effective, and powerful on the job by mastering the three basic mental functions behind memory:

•    Paying attention:  How to be a better observer and stay focused in the era of multitasking.

•    Visualizing:  How to create mental movies that help retain information by telling stories.

•    Associating:  How to link newly acquired information to familiar experiences, which are easily recalled. 

You can listen to the interview via web at:

http://www.selfhelpbookmuse.com/memory-expert.html

To download the audio recording of the interview:

Download the audio recording of the interview [mp3, 8.12MB]

My interview for LawBound

I recently did an interview for Julia Hays of LawBound, "a blog for students and those in the workworld considering a career or education in the field of law."  It is about my "journey from Russia to the United States and from law to life coaching" and the lessons and experiences I gained in the process.   Click here to read the interview.

Interview with Cheryl Stephens, the author of “Plain Language Legal Writing”

I wonder sometimes how much time and energy we waste on creating and reading legal texts that are hard to understand.  It is a sad situation that many people expect legal documents to be incomprehensible.  Cheryl Stephens is set to change that with her new book  Plain Language Legal Writing.  I am happy to offer you my interview with Cheryl.

Cheryl Stephens, of Building Rapport, the plain language blog, is a leader in the field of plain language communication, and provides training and workshops to clients all over North America. She is making a guest appearance today promoting her new book, Plain Language Legal Writing.

Lawsagna:  Your work is in the area of plain language. Can you tell us about that? What’s plain language all about?

Cheryl Stephens:  Plain language is writing, or any language, that is clear and understandable, so that it’s easy for people to get — and use — information that is important to a person's life.

Lawsagna:  What kind of information?

Cheryl Stephens:  Well, think of anyplace you’ve seen legalese in your own life: contracts, regulations, waiver forms and releases, even the agreement you have to sign whenever you install software or sign up for something online.

Lawsagna:  And you’re saying those things don’t have to be written in legalese? Isn’t the law inherently complex?

Cheryl Stephens:  There is no reason that legal language — language regulating legal rights and duties — has to be incomprehensible. It can be made plain enough for its intended audience.

Plain legal language is being written every day. Those who defend out-dated, poorly-written gibberish on the grounds of its complexity should be embarrassed.

Lawsagna:  What other common arguments against plain language do you hear?

Cheryl Stephens:  People say it is "talking down" to people or "dumbing down." I have learned that real experts have internalized and integrated their special knowledge to the point where they can talk of it in simple language—without any mystery. Anyone who can't do that, and complains about being asked to "dumb it down," is a pompous ass.

Lawsagna:  If few lawyers and few clients like to read legalese, why do you think we continue to see it?  What is the biggest barrier to the wide use of plain language?

Cheryl Stephens:  Lawyers need to develop new writing habits. That is all. Once you have learned to write legalese and you have done it for years, it is ingrained in your thinking patterns.

I have been working at plain language for 19 years, and still, my first drafts often follow traditional legal phrasing and sentence structure, and I have to think twice about word choices.

So make that two things: develop new writing habits, and allow yourself enough time for each writing project to do it right.

Lawsagna:  Are there any risks of using plain language?

Cheryl Stephens:  Depends who does it. A person who is not well-versed in the law, in general, should not write contracts. But many organizations think they can write their own plain language contracts. I do not advise it because there have been lawsuits resulting when an amateur's rewrite changes the substantive content. Lawyers better do it.

Lawsagna:  In our fast-paced world, people look for easier and faster ways to process information. Internet and social networks have changed the way we read, aggregate information, and collaborate on projects.  What is the relationship between plain language and Web 2.0?

Cheryl Stephens:

1. Plain English is the language of the Internet, and W3.
2. Plain Language favors the use of standard grammar, spelling, and punctuation. I am not sure those standards are respected by Web 2.0 (btw, can you define that in plain English?).

[Lawsagna:   It looks like people are still debating the meaning of Web 2.0.  According to Wikipedia, which is an example of Web 2.0, “Web 2.0 is a term describing the trend in the use of World Wide Web technology and web design that aims to enhance creativity, information sharing, and, most notably, collaboration among users.”  So, can we say in plain language that Web 2.0 refers to the use of web technology and web design to promote creativity, information exchange and collaboration among users?]

Lawsagna: Do certain practice areas use plain language more than others?

Cheryl Stephens:  Family law, juvenile law, criminal law, immigration -- for individual practitioners.
Banking and consumer law for institutions (but not by their choice).

Lawsagna:  Do you have any suggestions for someone who wants to find a lawyer that uses plain language?

Cheryl Stephens: No, my suggestion is to lawyers: advertise that you provide service in plain language—if it's true.

People are always asking me for a referral to a plain language lawyer in a particular practice area in a specific geographic area. I send out an email asking my contacts if they know of someone. This is always anecdotal. To my knowledge, only major Australian law firms have pushed their plain language skills in their marketing.

Lawsagna:  In your book, you talk about visual aids.  Could you explain their function in legal writing?

Cheryl Stephens:  Charts, graphs, maps. These are increasingly being used as schedules to laws, by-laws, and contracts. For any legal matter that a firm handles regularly, the firm should (have an expert) develop some graphical resources for client use. These reinforce the message in your text.

Also, you have written on your blog about the different learning styles of students. People have different information-processing styles, too. So the more variety you use in correspondence, the more likely you are to get the information across.

For example, if clients are missing important appointments, consider using three tactics in future:
 1. Send a clear, simple letter that ONLY confirms the appointment (and has no substantive material).
 2. Include with that letter a page, or appointment card, showing:
    * the calendar month with the date checked,
    * a clock face with the hands set to the appointment time.
 3. Have your receptionist call the day before to confirm the appointment.

It may seem like a big hassle, but it will work.

Lawsagna:  What do you need to know to write in plain English?

Cheryl Stephens:  We have a process which takes into account the reader's interest, reading skill, and need for the information. It is an elaboration of the classical approach to writing effectively.

By the way, we now talk about plain language instead of plain English, because the ideas apply to communication in any language. Whatever the language, the aim is clarity and usefulness of the information.

In English, a number of shortcuts and guidelines have been developed to help the person who is not a writer by profession. Most of the US state laws requiring plain English set out some of these as requirements or measurements of plainness. In Canada, the laws tend to demand qualities like "clear" or "readable" and so on.

Lawsagna:  You’re having a contest, aren’t you? What’s that all about?

Cheryl Stephens:  It’s a contest to rewrite a section of the U.S. Copyright Act — both to rewrite it as the law would look in plain English, and to write a clear explanation for the general public.

Lawsagna:  What are you trying to accomplish with this contest?

Cheryl Stephens:  I want to show the difference between legal drafting and legal writing. One task is to redraft the legislation in plain language, and that’s a specialized skill. Not every lawyer needs to know how to do that. But the other task, to explain the law in plain language — that’s a skill every lawyer does need.

Lawsagna:  And that’s what your new book is about?

Cheryl Stephens:  Yes. I wanted to write a simple but complete guide for lawyers who want to make their writing clearer.

Lawsagna:  Well, I think you’ve done a great job. Can you tell us where we can learn more about the book, and about the contest?

Cheryl Stephens:  Yes, there’s a web page for the book. PlainLanguageLegalWriting.com, and there’s a link to the contest on that page as well.

Interview with Ann K. Levine, Law School Admission Expert

Today, I am happy to offer you an interview with Ann K. Levine, who kindly agreed to talk to me about her perspective on the law school experience.  Ann K. Levine, Esq. is a law school admission consultant and proprietor of www.lawschoolexpert.com. She is also the author of the pre-law advice blog LawSchoolExpert (http://lawschoolexpert.blogspot.com). Ann is the former director of admissions at two ABA law schools and, since opening LawSchoolExpert.com in 2004, she has helped 600+ law school applicants nationwide create strong applications and strategies for their admission to law school. For more information about Ann's background and experience, see http://www.lawschoolexpert.com/experience.html 

1. Lawsagna:  How was your learning experience in law school?
   Ann Levine: I used parts of my brain I never knew existed. I felt stimulated and successful in a classroom setting for the first time. It wasn't about the end result of grades; I actually enjoyed the exercise of taking the exam and thinking through each problem and issue, applying my accumulated knowledge from the semester. I know this made me a big geek in law school, but this learning experience gave me confidence in many aspects of my life - even socially, as it gave me the confidence to run for student bar association office and to seek jobs I never would have considered myself eligible to hold.
2. Lawsagna:  From your experience as a law school admissions consultant, what are the main misconceptions about law school that applicants hold and share with you?
   Ann Levine:   #1 - that the LSAT is the only thing that matters. #2 - That their individual experiences are so unique and exceptional that law schools will completely overlook the LSAT. #3 - that you have to overcome paralysis or save someone's life to write a fantastic personal statement. (One of my clients said to me today that she feels the obstacle she has to overcome is not having had any obstacles to overcome! I assured her there were plenty of ripe topics from her life to address).
3. Lawsagna:  What skills do you consider important for a successful learning experience in law school?
   Ann Levine:  Self-reliance is vital; do the work yourself. That's how you learn. If you do rely on others, be sure about the quality of their work. There is no lazy way to grow from the law school learning experience. Obviously, self-discipline goes along with that. You need to keep on top of the work each week. Set up a study schedule and spend time each week reviewing/outlining the previous week's class notes. Don't leave review and outlining for the week before exams. That's the time to use your already-completed outlines and narrow them down - from 50 pages to 20 pages to 10 pages to 5 pages to 2 pages. This is how you learn the material and apply it on exams.
4. Lawsagna:  Do you feel that law school applicants know what the life as a lawyer entails?  Do they have a realistic picture of the legal profession?
   Ann Levine:  Absolutely not. I didn't, and very few of my clients really understand the practice of law before their first job after graduation. Even summer clerkships fail to provide a realistic experience because law firms sugarcoat the work and culture for recruitment purposes. Most law school applicants see law as a prestigious, financially-viable career that has some level of excitement and personal satisfaction. This is not wrong, but it's not the whole story. The bread and butter of law practice - court procedures, filing pleadings and motions, the discovery process, due diligence work - is not about standing up in court. It's about detail work, lots of paper, keeping track of deadlines, and incredibly long hours.
5. Lawsagna:  What are the most common mistakes law applicants make in the admission process?
   Ann Levine:  I just posted an article about the 5 Most Common Mistakes in Law School Applications (http://lawschoolexpert.blogspot.com/2007/10/5-common-mistakes-in-law-school.html). For mistakes in strategy, I'd have to say #1 - Applying to the wrong schools; #2 - Over-emphasizing the rankings; #3 -Applying too late in the game to take advantage of rolling admissions; #4 - Taking advice from the wrong people (see my response to the next question for more on this); and #5 - picking the wrong person to write a letter of recommendation http://lawschoolexpert.blogspot.com/2007/07/lors-part-1-absolutely-no-family.html
6. Lawsagna: I imagine that the law school application process is stressful for many applicants.  Do you have any tips or suggestions on the ways to alleviate or manage that stress? 
   Ann Levine:  Listen to people who can help you and do not listen to people who cannot help you. Your peers (competition) are not the right people to listen to, whether your friends or strangers on law school discussion boards. A good pre-law advisor, a good law school admission consultant, a good LSAT tutor, will help you manage each task during this stressful time in your life. Take each step individually rather than setting broad goals. For example, it's fine to put on your to-do list that this week you're going to ask 3 people to write your letters of recommendation. It's not reasonable to say you're going to fill out all of your applications this week. Unreasonable goals cause stress because you'll always feel behind.
7. Lawsagna:  Is there anything else you would like to share with the readers of Lawsagna?
   Ann Levine:  My next webinar will be held on Saturday, October 27th at Noon EST/ 9 a.m. PST. It's entitled "I have my LSAT score; Now What?" and will provide a "to-do" list for the law school application process. The one-hour webinar will be offered FREE to Lawsagna readers. To register, email me at lawschoolexpert@cox.net

Thank you, Ann, for sharing your insights with Lawsagna readers!