The Better Lawyer Newsletter
In this edition April, 2013
[+] You might be a debt collector and not even know it!
[+] Pitfalls of escrow accounts in real estate transactions
[+] Effectively using experts in litigation
You might be a debt collector and not even know it!
By Michael A. Klutho and Justin H. Evans
Imagine yourself playing a round of golf with some friends on a beautiful Saturday afternoon. While waiting to tee off on the 11th hole, your friend, who happens to be the owner of a roofing company, tells you that one of his recent homeowner clients is stubbornly refusing to pay for a $3,500 roofing job. Your friend is sure that the homeowner would pay if you, a lawyer, would just send the homeowner a letter demanding payment on your firm's letterhead. The task seems simple enough, so you draft a letter to your friend's client demanding payment. Have you just become a "debt collector" under the Fair Debt Collection Practices Act (FDCPA)?
Read more Pitfalls of escrow accounts in real estate transactions
By Geralyn M. Passaro, Litchfield Cavo LLC, Fort Lauderdale, Florida
Attorney escrow accounts are frequently used to hold deposited funds relating to a real estate transaction prior to a closing. Funds are generally received from client who are buyers in a real estate transaction or from real estate brokers who receive initial deposits when a contract is signed.
Read more Effectively using experts in litigation
By Dax R. Watson, MACK WATSON & STRATMAN, Phoenix, AZ
As a litigation attorney, you probably find yourself regularly working with experts on your cases, but have you ever taken the time to consider the impact of using experts – on a case and on you personally? How you select and work with experts may not just mean the difference between winning and losing your client's case; it may mean the difference between you being named as a defendant in a legal malpractice suit or not.
Read more


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