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|Litigation Boot Camp|
National Creditors Bar Association Litigation Boot Camp is an essential education offering from National Creditors Bar Association Legal Learning. Stay at the cutting edge of developments in our industry by gaining the tactical know-how to use legal action as a means of debt collection. This seminar is designed especially for the new attorney or any attorney looking for a refresher in the nuts and bolts of litigating creditor claims. This intensive 6 hour program of CLE will be presented by a National Creditors Bar Association faculty of experienced trial attorneys - a full day of knowledge, CLE credits and know-how to serve your clients!
“National Creditors Bar Association’s Litigation Boot Camp is a fantastic opportunity to up-train Associates on their collection litigation skills. I sent two Associates to Litigation Boot Camp and they both still talk about how much they learned and how valuable attending was for them.”
Levy & Associates, LLC
President, National Creditors Bar Association
9:00 - 9:10 a.m. Welcome and Introduction
9:10 - 10:10 a.m. Pretrial Practice
In this session, our presenters will introduce the basics of commencing litigation. Included will be the theories upon which collection litigation can be brought, drafting pleadings that meet legal requirements and the administrative elements of filing suit, including fees, costs and service of process.
10:10 - 11:10 a.m. Initial Litigation Events
What to expect after filing a complaint? This session will cover the range of possible consumer responses, including informal disputes from pro se consumers, answers, preliminary objections, counterclaims, and associated responses and hearings. Why and what types of discovery might be used and discovery basics will also be discussed.
11:10 - 11:25 a.m. Coffee Break
11:25 a.m. - 12:25 p.m. Evidence I – Overview of Evidentiary Concepts
Rules of evidence are critical, even in the relaxed environment of some small claims courts. This introductory session will cover common evidentiary concepts of admissibility, judicial notice, introducing evidence into the record, hearsay and its exceptions, all essential elements to proving claims based on unpaid debt.
12:25 - 1:10 p.m. Break and Lunch Served (included in fee)
1:10 - 2:10 p.m. Avoiding Ethical Minefields: Being Mindful of Where You Step
Collection litigation can generate ethical issues, especially in today’s climate where attorneys can be placed in conflict with their clients by regulatory requirements. How much of a consumer’s personal information can be included in pleadings? What attorney conduct in the course of litigation could lead to allegations of an FDCPA violation? Interactions with pro se debtors and considerations when counterclaims are filed, and more will all be addressed in this session.
2:10 - 3:10 p.m. Evidence II – Introducing Business Records
Almost every collection case will rely on business records. It has become common for courts to require complete documentation when litigating a claim. This vital session will include advice on the evidentiary predicate for the admission of business records in both motion practice and trial, especially those originating with remote account holders. The session will also provide effective techniques to help the debt purchaser prevail at trial and at the appellate level.
3:10 - 3:25 p.m. Break
3:25 - 4:25 p.m. Evidence III – Examination of Witnesses at Trial
The essence of every trial attorney’s practice is the ability to effectively examine live witnesses. This session will cover the who, what, how, when and why’s of witness examination. Direct and cross examination, and use of prior witness statements are core tools that will be covered in this session.
4:25 - 4:30 Conclusion
Attendees may park in the Denver Athletic Club garage. Parking is first-come, first-served and is not guaranteed to be available. Take a ticket upon entering, and when exiting, give the ticket to the attendant and tell them you are with National Creditors Bar Association.
Wi-Fi will be available onsite, login instructions will be given at the venue.
The National Creditors Bar Association has applied for CLE credit in Colorado for maximum reciprocity opportunities and attorney licensed in other states will be given the necessary materials to self-report. In certain instances, some programs may not be awarded CLE credits because of content, jurisdictional or reciprocity restrictions. The Litigation Boot Camp includes a possibility of (6) credits (1 ethics). The amount of credit varies from state to state. All attendees will receive a CLE Attendance Record form they will submit to National Creditors Bar Association at the boot camp or within two weeks following the event.
Financial assistance is available to attend a National Creditors Bar Association Education event. Financial Assistance would relate to the registration fee only. All travel expenses would be the responsibility of the applicant. Applications may be requested from Laura Winn at firstname.lastname@example.org. Submissions must include an affirmation by the applicant that sets forth their financial need. Approval will result in a 50% reduction in the registration fee and currently unemployed attorneys may be considered for a full fee waiver.