Moritz College of Law, The Ohio State University
June 23, 2017
NARCA Litigation Boot Camp: Columbus is the next stop with an essential education offering from NARCA Legal Learning scheduled for June 23, 2017 at The Ohio State University, Moritz College of Law. 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 opens soon. For more information contact Laura Winn at firstname.lastname@example.org or call 202-861-0706.
*price includes lunch.
Curriculum & Schedule
Download the schedule flyer here.
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.
- Nicholas J. Cheek, Cheek Law Offices, LLC
- Gregory D. Delev, Delev & Associates, LLC
- Crystal M. Duplay, Law Offices of Timothy M. Sullivan
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.
- Matthew G. Burg, Weltman Weinberg & Reis Co., LPA
- Joseph M. McCandlish, Weltman Weinberg & Reis Co., LPA
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.
- Boyd W. Gentry, Law Office of Boyd W. Gentry, LLC
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.
- Jonathan E. Coughlin, Kegler Brown Hill + Ritter
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.
- James J. Todd, Gerner & Kearns Co., L.P.A.
- Michael S. Berkowitz, Keith D. Weiner & Associates Co., L.P.A.
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.
- James Oh, Javitch Block, LLC
- Kevin T. Hartman, Javitch Block, LLC
4:25 - 4:30 p.m. Conclusion
Parking vouchers will be provided at registration for the Union South and Gateway garages. Attendees should keep their parking ticket as they enter the garage and both the ticket and voucher will be required for exiting.
All reasonable efforts to seek CLE credit for this program will be made via Ohio, Indiana, Kentucky and Pennsylvania for maximum reciprocity opportunities. 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 NARCA at the conference or shortly thereafter.
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 email@example.com and 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 feel waiver. Please complete the form and email to NARCA at firstname.lastname@example.org .
Click here to download the Financial Assistance Application.