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Responses and Procedures for Counterclaims

Gain valuable insight into procedures for handling and responding to Counterclaims, including working with creditors and outside counsel.Creditor claims are met, on occasion, by an unwelcomed counterclaim. It is essential that creditors and their attorneys implement and follow procedures for effectively addressing litigation counterclaims. This topic will provide valuable insight into procedures for handling and responding to counterclaims, including working with creditors and outside counsel. The information will also focus on the differences between counterclaims filed by pro se individuals and filed by attorneys. Strategies will be discussed in connection with working outside counsel and/or defending the counterclaim in-house.
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Intake and Review Procedures
  • Internal Documentation and Reporting
  • Reporting to Client
  • Client Response
Responding to the Counterclaim
  • Addressing Client Concerns and Request to Defend
  • Client Retention of Outside Counsel
  • Strategies for Addressing Pro Se Counterclaims
  • Strategies for Addressing Counterclaims Filed by Attorneys
Counterclaims Addressing Conduct by Attorney for Creditor
  • Potential for Subsequent Suit Against Attorney
  • Consideration of Ethical Obligations When on Notice of Potential Claim Against Attorney
  • Counterclaim Names Attorney as a Third Party
Common Issues Presented in Counterclaims
  • Lack of Licensure or Authority to Do Business
  • Usury
  • State Consumer Protection Claims
  • Federal Consumer Protection (TCPA, FCRA, FDCPA)
  • Dispute About Services Rendered, Goods Sold- Possible Claims for Consequential Damages
Jurisdiction Over Counterclaim
  • Counterclaim Exceeds Jurisdiction of Court Where Suit Brought
  • Can Counterclaim Be Removed to Federal Court?
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ronald S. Canter, Esq.

Ronald S. Canter, Esq.

The Law Offices of Ronald S. Canter, LLC

  • Founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, Maryland and has been engaged in the private practice of law since 1980
  • Recognized authority on creditor’s rights and the regulation of collection practices
  • Represented creditors, attorneys and collection agencies in complex litigation in both federal and state courts
  • Successfully prosecuted appeals before state and federal courts on a number of significant issues affecting the credit and collection industry
  • Appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first fair debt collection practices case to reach the supreme court
  • Well known speaker on creditor’s rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations; has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues
  • Published articles in law reviews and trade publications on creditor’s rights issues; was an adjunct professor at the University of Baltimore School of Law and also a lecturer on business law at the Robert H. Smith School of Business at the University of Maryland
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406710
Published 2019
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