New York Law School, New York City
November 11, 2016
NARCA Litigation Boot Camp: New York is the next stop with an essential education offering from NARCA Legal Learning scheduled for November 11, 2016 at New York Law School. 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 NARCA faculty of experienced trial attorneys - a full day of knowledge, CLE credits and know-how to serve your clients!
A great value at only $265 for NARCA members and $305 for non-members. Registration is now open, click below to register. For more information contact Laura Winn at email@example.com or call 202-861-0706.
Curriculum & Schedule
Download the schedule flyer here.
9:00 - 9:10 a.m. Welcome and Introduction
Scott Sharinn, Sharinn & Lipshie, P.C., Partner - Moderator
Mitchell Williamson, Barron & Newburger, P.C. - Moderator
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.
Gerald W. Flynn, Mullooly, Jeffrey, Rooney & Flynn, Partner
John J. Sheerin, Mullooly, Jeffrey, Rooney & Flynn, Partner
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.
Gregory E. Galterio, Jaffe and Asher, Partner
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.
Scott Wortman, Warshaw & Burstein, Partner
12:25 - 1:10 p.m. Break and Lunch Served
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.
Steven M. Richman, Clark Hill, Partner
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.
Arthur Sanders, Barron & Newburger, P.C.
3:10 - 3:25 p.m. Break
3:25 - 4:25 p.m. Evidence III - Witness Examination
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.
Arthur Sanders, Barron & Newburger, P.C.
Mitchell Williamson, Barron & Newburger, P.C.
4:25 - 4:30 p.m. Conclusion
Financial assistance is available to attend a NARCA Conference. Financial Assistance would cover the registration fee only. All travel expenses would be the responsibility of the applicant. Five financial assistance slots are available for each conference. Applications may be submitted to firstname.lastname@example.org and must include a statement by the applicant and their most recent 1040 (without schedules). Applicants must be current in all workout and installment payment agreements for past due debts and must not be a defendant in a pending collection action. Approval will result in a 50% reduction in the registration fee.
Click here to download the Financial Assistance Application.