e.p.i.c....edward hoffman, j.d., / associate professor of criminal jus ce, concordia university this...

TUESDAY DECEMBER 31, 2019 9 AM - 1:15 PM

HRUSKA LAW CENTER 635 S. 14TH ST. LINCOLN

E.P.I.C.END-OF-YEAR

CLE

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E.P.I.C.END-OF-YEAR

CLE

9:00 AM EFFECTIVE AND ETHICAL EQUAL JUSTICE 60 MINUTES OF ETHICS

LAUREL HEER DALE SHANNON SEIM Director of Volunteer Lawyers Project, NSBA EVOLVES Program A orney, NSBA

This session will address the Nebraska Rules of Professional Conduct as they relate to a lawyer’s special responsibility to provide voluntary pro bono legal services. It will also dis-cuss ethical considera ons related to par cipa on in pro bono programs facilitated by the Volunteer Lawyers Project: full and limited scope representa on, assis ng self-represented persons at a courthouse help desk, providing short-term limited representa on online or at a limited advice clinic. Issues cri cal to pro bono representa on will be addressed through a series of hypothe cals demonstra ng the applica on of ethics rules applicable to pro bono cases.

10:00 AM PROCRASTINATION, PERFECTIONISM AND PARALYSIS 60 MINUTES OF ETHICS

CHRIS AUPPERLE / Director of the Nebraska Lawyers Assistance Program, NSBA

This CLE will look the common causes of mental paralysis, including procras na on and perfec onism.

11:00 AM BREAK

11:15 AM ISSUES AND INTERACTIONS WITH PRO SE INDIVIDUALSEDWARD HOFFMAN, J.D., / Associate Professor of Criminal Jus ce, Concordia University

This session will provide fi rsthand knowledge of some of the complica ons in cases involving pro se li gants and ps on what to do when a pro se li gant becomes your client, what to do with a diffi cult pro se party, and how to manage your own clients’ expecta ons when li gat-ing against a pro se party.

12:15 PM COMMON CONUNDRUMS FOR THE CASUAL COLLECTIONS COUNSEL

JOHN T. ROGERS / VLP Program A orney, NSBA

This session will provide fi rsthand knowledge of some of the complica ons in cases involving pro se li gants and ps on what to do when a pro se li gant becomes your client, what to do with a diffi cult pro se party, and how to manage your own clients’ expecta ons when li gat-ing against a pro se party.

1:15 PM ADJOURN

This EPIC end-of-year CLEwill provide many topics

geared toward all a orneys, ranging from ethics to

pro bono to collec ons to pro se par es—

SESSIONS INCLUDE:

E FFECTIVE AND ETHICAL EQUAL JUSTICE

P ROCRASTINATION, PERFECTIONISM AND PARALYSIS

I SSUES AND INTERACTIONS WITH PRO SE INDIVIDUALS

C OMMON CONUNDRUMS FOR THE CASUAL COLLECTIONS COUNSEL

SOMETHING FOR EVERYONE!

TUESDAYDEC. 31!9 AM - 1:15 PM

LINCOLNHRUSKA LAW CENTER

4 CLE HOURSINCLUDING

2 ETHICS

ACCREDITATION IN NEBRASKA4 CLE HOURS INCLUDING 2 HOURS OF ETHICSREGULAR / TRADITIONAL: MCLE #186005

2 FREE ETHICS!Voluntary dues-paying members can use their 2 FREE ETHICS forthe ethics sessions (annual benefi t)

FACULTY BIOS

LAUREL HEER DALE Laurel Heer Dale is Director of the Nebraska State Bar Association Volunteer Lawyers Project. She is responsible for developing, managing, and advancing innovative pro bono programs for Nebraska lawyers. Laurel started her legal career at Legal Aid of Nebraska in 2002, serving as Director of Client and Community Engagement Services, Director of Access, Managing Attorney for Legal Aid’s AccessLine® centralized intake unit and coordinator of the Private Attorney Involvement program. Laurel also designed and launched Legal Aid’s Breast Cancer Legal Hotline, Disaster Relief Response Hotline, Autism Legal Hotline, and the Nebraska Immigration Legal Assistance Hotline. She also developed and implemented an online intake system.

Laurel has presented on legal aid services to community groups and organizations and at national workshops, including the annual Equal Justice Conferences hosted by the American Bar Association and National Legal Aid and Defender Association and the Legal Service Corporation’s Innovations in Technology conference. She has served as a consultant to other Legal Aid programs concerning access to services. She is an appointed mem-ber of the Nebraska Supreme Court Self-Represented Litigation Committee and member of Nebraska State Bar Association and Omaha Bar Association.

Laurel earned a J.D. in 2000 from Creighton University School of Law. She is admitted to practice in Nebraska and Iowa.

SHANNON SEIM Shannon Seim is the EVOLVES Program Attorney and Clinic Facilitator. EVOLVES is a federally funded program that helps victims of violent crime by placing victims’ civil suits related to the crime perpetrated against them with an attorney for a reduced fee. Shannon graduated from the College of William and Mary in 2011. After college, she moved back to Nebraska and worked with low-income populations for fi ve years, including serving two years as an AmeriCorps member and two years as the Director of a Heartland Family Service’s Ready in 5 Program which focusses on school readiness for refugee families. Shannon was also active with the Benson Area Refugee Task Force prior to law school, serving on their Board for four years and as Chair for two years.

Shannon graduated from the University of Nebraska College of Law in May 2019. There, she was involved with various campus groups including the Community Legal Education Project and the Equal Justice Society. During law school, Shannon practiced as a senior certifi ed student through clerking with Legal Aid of Nebraska’s Health, Education and the Law Project, and enrolling in both UNL’s Children’s Justice and Family Law Practice Clinics. Shannon was a co-recipient of the Nebraska College of Law 2019 Student Award for Outstanding Impact through Pro Bono Service and one of fi ve fi nalists for the Equal Justice Works Text-to-Give Fellowship for a project she designed aiming to implement a stronger mental health advance directives legal service delivery model in Nebraska.

Shannon is admitted to practice in Nebraska.

FACULTY BIOS

CHRIS AUPPERLE Chris Aupperle assumed the role of Nebraska Lawyers Assistance Program (NLAP) Director in May of 2017. Prior to joining NLAP, Chris worked in both private practice and as in-house counsel in Omaha. He has been a member of the NLAP Committee since 2001 and previously served as chair of the NLAP Committee. He also serves on the Advisory Committee for the Independence Center at Bryan Medical Center in Lincoln. Chris is a graduate of Creighton University School of Law.

EDWARD HOFFMAN BA, Pepperdine University, JD, University of Nebraska College of Law. Former attorney with the law offi ce of Cada, Cada, Hoff man and Jewson for approximately 19 years. Adjunct instructor at Doane University for 12 years and currently an Associate Professor at Concordia University. Member of the Nebraska State Bar Association (House of Delegates, nominating committee and formerly the legislative committee), the Iowa Bar Association (inactive status) and the California Bar Association (inactive status). Vice Chair of the City of Lincoln Telecommunications and Cable Advisory Board, former member and chair of the Nebraska State Commission on Problem Gambling, Member of the Fellows of the American Bar Foundation, Former State Chair, American Collector’s Association. Presented at 12 separate CLE seminars between 2010 and 2018.

JOHN T. ROGERS John is a graduate of Creighton University School of Law and has been practicing law in Nebraska for more than 25 years, both as in-house counsel and in private practice, primarily in the areas of debtor/creditor law and bankruptcy. John has been a frequent lecturer on various legal topics, including debt collection litigation, judgment enforce-ment, the Fair Debt Collection Practices Act (FDCPA), and creditors' rights in bankruptcy. As the VLP Program Attorney, John primarily assists with recruiting private attorneys to engage in pro bono eff orts, case placement of pro bono cases, and facilitation of self-help centers and legal clinic events.

EFFECTIVE AND ETHICALEQUAL JUSTICE

LAUREL HEER DALEDIRECTOR OF VOLUNTEER LAWYERS PROJECT,

NEBRASKA STATE BAR ASSOCIATION

SHANNON SEIMEVOLVES PROGRAM ATTORNEY,


2019 E.P.I.C. END-OF-YEAR CLE

DECEMBER 31, 2019 HRUSKA LAW CENTER LINCOLN

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Effective and Ethical Equal JusticeNebraska State Bar Association Continuing Legal Education

Overview

Preamble to the Rules: A Lawyer’s Responsibilities

Voluntary pro bono services

Ethics of pro bono representation

Limited legal service pro bono programs

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Pro bono story

Preamble to the Rules: A Lawyer’s Responsibilities

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Preamble to the Rules

A lawyer is a(n) public citizen

representative of clients

officer of the legal system

§ 3‐506.1. Voluntary pro bono service

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Who is responsible?

EVERY lawyer, regardless of

professional prominence

professional workload


A lawyer should aspire to render pro bono legal

services.

In fulfilling this responsibility, the lawyer should:

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(a) provide a substantial majority of the legal services without fee or expectation of fee to:

(1) persons of limited means or

(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and


Limited scope Payment plansRefer to Legal Aid of Nebraska Refer to Supreme Court Website’s Self‐Help DeskRefer to someone in your community who does limited scope

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David B. DowningOctober 31, 1929 ‐November 19, 2019

He was paid whatever clients could afford, including in‐kind payment of lawn mowing, baby‐sitting, repairs, etc.

He never gave less than his best to any client and judging from the remarks of those present at his retirement party, his best was among the best in the state.

‐ Lincoln Journal Star Obituary, November 23, 2019


(a) provide a substantial majority of the legal services without fee or expectation of fee to:

(1) persons of limited means or

(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and

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and

(1) delivery of legal services at no fee or substantially reduced fee to*

(2) delivery of legal services at a substantially reduced fee to

(3) participation in activities for improving

individuals, groups or organizations seeking to secure or protect civil rights

persons of limited means the law

individuals, groups or organizations seeking to secure or protect civil liberties or public rights

the legal system

Charitable organizations the legal profession

Religious organizations

Civic organizations

Governmental organizations

Educational organizations

(b) provide any additional services through:

* where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate

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and


Voluntarily contribute financial support to organizations that provide legal services to persons of limited means

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Common Questions in Pro Bono

For the public good, but…

Who is responsible to ensure low‐income persons have equal access to our system of justice?

Who should receive free legal aid services?

How much access to justice should be given to persons who cannot afford to pay for legal services?

What if every lawyer provided pro bono service to at least one low‐income Nebraskan each year?

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It takes a lawyer, and a law firm

Law firms should act reasonably to enable and encourage all lawyers in the firm to provide pro bono legal services called for by this Rule.

My firm/ government organization/ NPO is not supportive

Legislative lobbyingAdministrative rule making

Training or mentoring those who represent persons of limited means

Community outreach

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How much pro bono?

PRO BONO

What it is…What it is not…

Pro bono, or not pro bono

— the ethics question

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Bad DebtWrite Off

Dave agreed to represent Jane in an uncontested divorce.

Dave estimated 10 hours for the representation.

Jane paid a $2,500 advance fee deposit.

Jane has 4 children. She earns $15/hour as an administrative assistant and receives $400/month child support.

Jane’s case wasn’t as uncontested as she initially believed. After exhausting the advance fee deposit, Dave required an additional $2,500 to continue representation.

Jane pleaded with Dave to let her make monthly payments. Dave agreed. Jane stopped payments after the final hearing, leaving a $1,500 balance.

Look to intent

It’s not pro bono just because an anticipated fee is uncollected.

Awards of statutory attorneys fees in a case originally accepted as pro bono does not disqualify services as pro bono. Lawyers who receive statutory awards are encouraged to contribute an appropriate portion of the fee to organizations or projects that benefit persons of limited means.

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Nonprofits &Pro Bono

Elizabeth’s law firm provides pro bono legal services to a church, which in 1970, started with 175 members, one pastor and one administrative staff and a 4,000 square foot building.

Today, the church has 4,500 members, a 60,000 square foot church building and separate 20,000 sf office building on 25 acres.

The church employs 4 pastors six administrative staff.

The church operates a daycare Monday‐Friday, which employs 8 full and part‐time employees.

A few $$ and that’s it, right?

Not according to the Rules…

When it is not feasible for a lawyer to engage in pro bono

Financial support should be reasonably equivalent to the value of the hours of service that would have otherwise been provided.

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For the Public Good

Participating in judicare programs and court appointments where the fee is substantially below a lawyer's usual rate. Rule 3‐506.2

Lawyers should be encouraged to support and participate in legal service organizations. Rule 3‐506.3

Law reform activities. Rule 3‐506.4

Non‐profit and court‐annexed limited legal services programs. Rule 3‐506.5

Improve the law, legal system, or legal profession

Serving on bar association committees

Serving on boards of pro bono or legal services programs

Taking part in Law Day activities

Providing continuing legal education instruction

Acting as a mediator or an arbitrator

Engaging in legislative lobbying to improve the law, the legal system or the profession

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Rule 3‐506.5

Non‐profit and Court‐Annexed Limited Legal Services Programs

A client‐lawyer relationship is established BUT no expectation of further representation

Conflicts check

Summary

Now you know

The definition of and types of pro bono legal services

In Nebraska, pro bono service is aspirational, not mandatory

All Nebraska lawyers can provide pro bono service

But, if every lawyer provided pro bono service for at least one Nebraskan each year, would there be justice for all?

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NO

86% of civil legal problems faced by low‐income Americans in a given year receive inadequate or no legal help.

Of the estimated 1.7 million civil legal problems for which low‐income Americans seek LSC‐funded legal aid, 1.0 to 1.2 million (62% to 72%) receive inadequate or no legal assistance.

85% to 97% of persons who seek legal aid will not get legal needs fully met due to limited staff and resources.

In Nebraska, less than 20% of individuals get legal needs fully met.

How you can help with the Volunteer Lawyers

Project

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Help Desks

Walk‐in, first come first served

Serve more than 2,500 pro se litigants annually

Educate pro se litigants about the court process

Answer basic questions about the law and court process; provide available court forms

Referral to legal service providers

More than 50% of visitors need full representation

Walk‐in Clinics

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Pro Bono Online

Free Legal Answers

www.NE.freelegalanswers.org

ABA Free Legal Answers

42 states participating

Users Lawyers

Relaxed conflicts rules

CASE REFERRAL ATTORNEY

PRO BONO & REDUCED FEE

Pro Bono = Uncontested

Reduced Fee = Domestic abuse

$60/hour

FULL REPRESENTATION & LIMITED SCOPE

REPRESENTATION

SAMPLE CASETYPES

Family: Divorce, Paternity & Custody, Child Support, Modification of Orders

Domestic Abuse

Adoption

Guardianship

Consumer: Bankruptcy, Debt, Contracts

Will, POA, TODD

Immigration

MENTORSHIP OPPORTUNITIES

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Pro bono story

What’s in it for me?

Recognition in NSBA publications

Recognition at NSBA events

Pro Bono awards for meritorious service

Free CLE for specified pro bono hours

Lawyers have a special responsibility

Personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer.

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Thank You!

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PROCRASTINATION, PERFECTIONISM AND

PARALYSIS

CHRIS AUPPERLEDIRECTOR OF THE NEBRASKA LAWYERS ASSISTANCE PROGRAM,




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Chris AupperleNLAP Director

The Nebraska Lawyers Assistance Program (NLAP)Presents

1. NLAP Is Your ResourceWho, What and How

2. Perfectionism & ProcrastinationDefinitions, Symptoms and Causes

3. How These Conditions Affect The LawyerImpacts on the law practice

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What Is NLAP?

Who we help: Lawyers, Judges and Law students

Who we are: Lawyers and judges who volunteer their time to help theircolleagues in need.

What we offer:Confidential support 24/7Participation is voluntaryCalls can be anonymousReferrals:

Licensed professionals Group support

Peer support

NLAP Can Help Stress/Burnout

Work-life balance

Anxiety and Depression

Alcohol/Drug Use Disorders

Cognitive Loss

Compassion Fatigue

Gambling Addiction

Other Mental Health Issues

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What Is Your Risk?

Stress – 23% of lawyers are experiencing chronic stress.

Depression – lawyers are twice as likely to experience it.

Suicide – 12% of lawyers admitted to contemplating suicide during their career. Lawyer suicide rate is three times higher.

Alcohol Use disorders – 1 in 5 lawyers experience alcohol dependence (three times national average).

Job Satisfaction – Associates in law firm have lowest job satisfaction rates.

Sources: The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, Journal of Addiction Medicine (2016). Forbes Magazine: Happiest and Unhappiest Jobs Survey.

Lawyers 65Law Students 14Judges 1

80

Substance Use Disorder 31%Mental Health 29%Dual Diagnosis 14%Stress/Life Balance 13%Cognitive Decline 10%Physical Illness/Death 3%

Male 66%Female 34%

NLAP 2018 Usage

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Why talk about Perfectionism and Procrastination?

Procrastination is a nonadaptive behavior – a delay that carries the risk of negative consequences for the individual.

--Sabini, J., & Silver, M. (1982).

“Everyone procrastinates, but not everyone is a procrastinator.”

-- Joseph Ferrari, PhD

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Ferrari Procrastination Research Findings:

• Approximately 20% of US adults are chronic procrastinators.

• For chronic procrastinators, it is not a time management issue – it is a maladaptive lifestyle.

• Procrastination is not waiting but rather it is more than delaying. It is a decision to not act.

• Procrastinators let others decide for them, so there is no blame for failure attributed to them.

Joseph Ferrari, PhD, is a professor of psychology and Vincent DePaul Distinguished Professor at DePaul University in Chicago. He is a leading international researcher in the study of procrastination.

Procrastination Research Findings (Dr. Ferrari):

Procrastinators are often more concerned about what psychologists call "social esteem" – their perception of how others view them, rather than the task.

Non-procrastinators have a stronger personal identity and are focused on how they feel about themselves.

Non-procrastinators focus on the task that needs to be done vs. how others may view the accomplishment of the task.

Other Research:

Procrastination leads to higher levels of stress, insomnia, and sleep disorders.

Negatively impacts your physical and mental health

Myth: Procrastinators perform better under pressure

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Chronic Procrastination Causes: Procrastination is not recognized as mental health disorder under

DMS-5 but may be a symptom of a separate mental health disorder.

Chronic procrastination can be a symptom of depression, attention deficit hyperactivity disorder (ADHD), obsessive-compulsive disorder (OCD).

Trying to treat the procrastination without treating the underlying condition will not be successful.

Technology and Procrastination

Snooze Button - the original tech contribution to procrastination

Internet – contrary to popular belief, not a cause procrastination but may be used by procrastinators to perpetuate the problem.

Tech Can Help – if used correctly, tech can help organize, remind and motivate us to complete tasks.

Treating Procrastination

Chronic Procrastinator

Telling the chronic procrastinator to “just get it done” is like telling someone who is depressed to “just be happy.” It doesn’t work.

Need to get professional help with a skilled therapist who can assess the underlying cause and develop a treatment plan based on proven therapeutic methods.

Occasional Procrastinator

Development of time management, organization and goal setting skills.

Use staff and technology to remind, track and organize.

Do most dreaded task first, not last.

Break down the task, focus on next step.

Ask for help.

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Procrastination Impacts on the Law Practice

Disciplinary Complaints

Complaints involving procrastination are often rooted in failure to meet diligence or adequate communication requirements.

Also failure to file CLE or pay license renewal.

Malpractice Claims30% of malpractice claims involve failure to file, prepare, or meet a deadline.

Malpractice claims result in higher malpractice premiums or the inability to obtain malpractice insurance.

May Result in Sanctions by a Court

Loss of Clients

Damage to Reputation

Perfectionism Defined

“Perfectionism is broadly defined as a combination of excessively high personal standards and overly critical self-evaluations.”

-- Frost, Marten, Lahart, & Rosenblate (1990)

Perfectionism Research Similar to procrastination, perfectionism is not separately listed in the

DSM-5, but it is often associated with different personality disorders.-- Ayearst, L. E., Flett, G. L., & Hewitt, P. L. (2012)

Perfectionist are at greater risk for suicidal ideation and attempts.-- Smith, Sherry, Chen, Saklofske, Mushquash, Flett, Hewitt (2017)

Perfectionism is a risk factor for personality disorders, eating disorders, clinical depression as well as physical problems like chronic stress and heart disease.

-- Curran and Hill (2017)

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Three Types of Perfectionism:

Self-oriented: Individuals attach irrational importance to being perfect, hold unrealistic expectations of themselves, and are punitive in their self-evaluations.

Socially Prescribed: Individuals believe their social context is excessively demanding, that others judge them harshly, and that they must display perfection to secure approval.

Other-Oriented: Individuals impose unrealistic standards on those around them and evaluate others critically.

--Hewitt and Flett (1991)

MYTH #1: Perfectionist strive to achieve perfection.REALITY: Often its more about perfectionist fearing imperfection.

MYTH #2: I wouldn't be as successful if I weren't such a perfectionist.REALITY: Although some perfectionists are remarkably successful, what they fail to realize is that their success has been achieved despite—not because of—their compulsive striving.

MYTH #3: Perfectionists get things done, and they do things right.REALITY: Perfectionists often have problems with procrastination, missed deadlines, and low productivity.

MYTH #4: Perfectionists are determined to overcome all obstacles to success.REALITY: Perfectionistic behaviors increase one's vulnerability to depression, writer's block, performance and social anxiety, and other barriers to success. These blocks to productivity and success result from the perfectionist's focus on the final product. Instead of concentrating on the process of accomplishing a task, perfectionists focus exclusively on the outcome of their efforts.

-- University of Texas Counseling & Mental Health Center

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PerfectionismSetting standards beyond reach and reason

Never being satisfied by anything less than perfection

Becoming depressed when faced with failure or disappointment

Being preoccupied with fears of failure and disapproval

Seeing mistakes as evidence of unworthiness

Becoming overly defensive when criticized

Healthy StrivingSetting standards that are high but achievable

Enjoying process as well as outcome

Bouncing back quickly from failure or disappointment

Keeping normal anxiety and fear of failure within bounds

Seeing mistakes as opportunities for growth and learning

Reacting positively to helpful criticism

Perfectionism vs Striving To Meet High Standards

-- University of Texas Counseling & Mental Health Center

Perfectionism Impacts on the Lawyer

High Suicide Rate.

Instead of fostering excellence, unmitigated perfectionism may prevent lawyers from reaching their full potential.

Clients don’t want perfect; they just want good outcomes. Billing for perfect often meets resistance from clients.

Perfectionism is unending, quality has a deadline.

Strains relationships with supervisors, co-workers and staff.

May result in burnout or other significant mental health condition.

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• Health Care Provider

• Mentor

• Trusted Friend

• Faith leader

• Employee Assistance Program

• Human Resources Professional

• Community Support Groups

• Lawyers Assistance Program

Nebraska LawyersAssistanceProgram

Nebraska LawyersAssistanceProgram

Confidential – protected by Court Rule

24-Hour Helpline

Lawyers & judges helping lawyers, judges and law students – we understand

Help on any issue affecting your professional life

Want to be proactive with the wellness, we can help with that too!

NLAP Helpline: (402) 475-6527or

www.nebar.com/NLAP

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Nebraska Lawyer’s Assistance Program

Confidential • 24/7 HelplineLawyers, Judges & Law Students

Chris Aupperle, Director(402) 475-6527 [email protected]

www.nebar.com/NLAP

Help for You, Help for Someone ElseNLAP

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ISSUES AND INTERACTIONS WITH PRO SE INDIVIDUALS

EDWARD HOFFMAN, J.D.ASSOCIATE PROFESSOR OF CRIMINAL JUSTICE,

CONCORDIA UNIVERSITY



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2019 E.P.I.C. End-of-Year CLEIssues and Interactions with Pro Se Litigants

• 1. Pro Se

• 2. The Right to Defend and Appear

• 3. The Right to Conduct Own Case

• 4. Presence of Pro Se Litigants

• 5. Justice Index and the State of Nebraska

• 6. Pro Se Litigants in Nebraska

• 7. Limited Scope Representation

• 8. Dealing with unrepresented persons and Neb. Ct. R. of Prof. Cond. § 3-504.3

• 9. Strategies to deal with pro se litigants

Pro Se Litigants create unique experiences for attorneys their clients, clerk’s office and the court.

• Asking for advice.

• Repetitive, unnecessary contact attempts.

• Baseless, repetitive motions and requests for hearings.

• Irrelevant discovery requests, failure to respond to discovery.

• Failure to provide copies of pleadings, trial exhibit/witness list.

• Endless irrelevant objections, irrelevant exhibits, irrelevant and baseless arguments, personal attacks on witnesses and counsel.

• Clients with unreasonable expectations based on emotional issues with the pro se litigant.• Client cannot understand why you can’t just mow them down.

• “Why don’t you file your horns down?”

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Pro Se

• Pro – “For; in respect of; on account of; in behalf of…” Black’s Law Dictionary 1200 (6th ed. 1990).

• Pro Se – “For one’s own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself in court.” Blacks Law Dictionary 1221 (6th ed. 1990).

The Right to Defend and Appear

• “In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel…” Neb. Const. art. I, § 11

• Under U.S. Const. amend. VI and Neb. Const. art. I, § 11, a criminal defendant has a right to waive the assistance of counsel and conduct his own defense.

• A criminal defendant who proceeds pro se is held to the same trial standard as if he or she were represented by counsel, and it is not up to the trial court to conduct the defense of a pro se defendant. State v. Gunther, 271 Neb. 874 (2006).

• A waiver of counsel need not be prudent, just knowing and intelligent. Id.

• There is no right to effective assistance of standby counsel under Neb. Const. art. I, § 11. 278 Neb. 173 (2009).

• Defendant in Gunther waived right to assistance of counsel and elected to represent himself. Court ordered standby counsel to be available. On appeal the defendant asserted he received ineffective assistance of stand-by counsel. State v. Gunther, 278 Neb. 173, 768 N.W.2d 453 (2009).

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The Right to Conduct Own Case

• In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein. 28 U.S.C. § 1654 (2009).

• “no evidence that the … Framers ever doubted the right of self-representation, or that this right might be considered inferior to the right of assistance of counsel.” Faretta v. California, 422 U.S. 806, 832 (1975).

Presence of Pro Se Litigants

• Numerous studies have found that pro se litigants are present in significant numbers, particularly in domestic cases such as divorce, custody, child support and paternity.

• The high numbers of pro se litigants potentially compromises the efficiency of the court system.• 78% of the judges polled in an ABA study indicated that self-representation negatively impacts the courts. Court

procedures were slowed, additional staff time needed and lack of fair presentation of relevant facts.*

• ABA Coalition for Justice (July 2010) Report on the Survey of Judges on the Impact of the Economic Downturn on Representation in the Courts. Retrieved fromhttp://www.americanbar.org/content/dam/aba/migrated/JusticeCenter/PublicDocuments/CoalitionforJusticeSurveyReport.authcheckdam.pdf

• *However, see former U.S. Court of Appeals for the Seventh Circuit Judge Richard Posner’s comments: “The basic thing is that most judges regard these people as kind of trash not worth the time of a federal judge.” Retrieved from https://www.nytimes.com/2017/09/11/us/politics/judge-richard-posner-retirement.html?

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Justice Index and the State of Nebraska

• According to the 2014 Justice Index, created by the National Center for Access to Justice, Nebraska received a score of 67.6 on a scale from 0-100 (where 100 is the best possible score) for support provided to self-represented litigants.

• Retrieved from https://justiceindex2014.org/findings/self-represented-litigants/

• According to the 2016 Justice Index, Nebraska received a score of 25.63. This score was based on responses to 33 questions.

• Retrieved from https://justiceindex.org/2016-findings/self-represented-litigants/#site-navigation

Pro Se Litigants in Nebraska

• In 2015 Legal Aid of Nebraska and the Nebraska Supreme Court Committee on Self Represented Litigants undertook a survey of judges and clerks in an effort to gain more information about the *pro se litigant landscape in Nebraska.

• April Faith-Slaker (2015) Self-Represented Litigation in Nebraska: A Survey of Judges and Clerks. Nebraska Supreme Court Committee on Self-Represented Litigation, Legal Aid of Nebraska. Copyright 2015 Legal Aid of Nebraska. Reprint by permission. Retrieved from https://www.srln.org/system/files/attachments/Self%20Represented%20Litigation%20Report%20FINAL%202015.pdf

• *The survey refers to pro se litigants as “self-represented litigants.” However, in an effort to maintain uniformity with the title of this presentation, the term “pro se” will be used when referring to the findings of this survey.

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• Judges and clerks were asked to indicate the area of the law in which they observed the most pro se activity.

• 60.2% indicated that family law had the most pro se litigants.

• 45.6% cited divorce cases specifically.

• 25% indicated consumer law cases.

• 12.9% housing law cases.

• Id.


• When asked to provide the top three reasons they believe people choose to self represent, the surveyed judges provided the following:

• 1. Lack of financial resources.

• 2. The believe that relying on a lawyer will increase the time and cost of resolving the dispute.

• 3. The belief that the problem can be handled without a lawyer.

• Id.

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• Clerks responded that pro se litigants approach them:• More than 1/3 estimate pro se litigants approached them several times per week for

assistance.

• 18% indicated once per week.

• 17% indicated daily.

• Clerks in urban areas were approached more frequently by pro se litigants than those in rural areas.

• Id.


• Type of assistance requested from court staff:

• 1. Filing the correct form.

• 2. Filling out forms.

• 3. Information regarding hearing dates.

• Id.

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• Areas of law in which judges and clerks believed pro se litigants were most successful.

• 1. 67% believed most successful in the area of family law.*

• *Specifically (and interestingly), most successful in a divorce proceeding but least successful in a custody/visitation matter.

• 2. 18% believed most successful in consumer law.

• Id.


• Consequences for the Court Process:• Clerks and judges are expending additional time and energy assisting pro se litigants.

• Approximately 65% of respondents indicated that pro se litigants usually, often or always need assistance to complete the hearing.

• Approximately 55% indicated that pro se litigants usually often or always look to them for legal advice and/or advocacy.

• 61.9% of respondents indicated that pro se litigants usually, often or always take more time than represented litigants.

• Urban respondents were 45% more likely to indicate that pro se litigants usually, often or always take longer than represented litigants

• Id.

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• Judges tend to agree that the presence of pro se litigants results in:• More contested hearings because there are fewer settlements (69.7% agreed).

• Cause progression delays (68.9% agreed).

• Approximately half of the judges agreed that pro se litigants compromise judicial neutrality due to an increased pressure on the judge to provide assistance (52.6% agreed).

• But see, Neb. Rev. Code of Judicial Conduct § 5-302.2, comment [4] “It is not a violation of this Rule for a judge to make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard…”

• That pro se litigants lead to more case dismissals (51.3% agreed).

• When asked if they believed that pro se litigants improved the process because they reduced the number of lawyers in the courtroom, 97.3% disagreed.

• Id.

Limited Scope Representation

• (b) A lawyer may limit the scope of his or her representation of a client if the limitation is reasonable in the lawyer's judgment under the circumstances and the client gives informed consent to such limited representation. Neb. Ct. R. of Prof. Cond. § 3-501.2 (b).

• [6] Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances… Neb. Ct. R. of Prof. Cond. § 3-501.2, comment [6].

• [7] All agreements concerning a lawyer's representation of a client must accord with the Rules of Professional Conduct and other law. See, e.g., Rules 1.1, 1.8 and 5.6. Neb. Ct. R. of Prof. Cond. § 3-501.2, comment [7].

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• (c) A lawyer may prepare pleadings, briefs, and other documents to be filed with the court so long as such filings clearly indicate thereon that said filings are "Prepared By" and the name, business address, and bar number of the lawyer preparing the same. Such actions by the lawyer shall not be deemed an appearance by the lawyer in the case. Any filing prepared under this rule shall be signed by the litigant designated as "pro se," but shall not be signed by the lawyer preparing the filing. Neb. Ct. R. of Prof. Cond. § 3-501.2 (c).


• (d) If, after consultation, the client consents in writing, a lawyer may enter a "Limited Appearance" on behalf of an otherwise unrepresented party involved in a court proceeding, and such appearance shall clearly define the scope of the lawyer's limited representation. Neb. Ct. R. of Prof. Cond. § 3-501.2 (d).

• [5] The scope of services to be provided by a lawyer may be limited by agreement with the client or by the terms under which thelawyer's services are made available to the client… A limited representation may be appropriate because the client has limited objectives for the representation. In addition, the terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client's objectives. Such limitations may exclude actions that the client thinks are too costly or that the lawyer regards as repugnant or imprudent. Neb. Ct. R. of Prof. Cond. § 3-501.2, comment [5].

• [6] Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. Neb. Ct. R. of Prof. Cond. § 3-501.2, comment [6].

• (e) Upon completion of the "Limited Representation," the lawyer shall within 10 days file a "Certificate of Completion of Limited Representation" with the court. Copies shall be provided to the client and opposing counsel or opposing party if unrepresented. After such filing, the lawyer shall not have any continuing obligation to represent the client. The filing of such certificate shall be deemed to be the lawyer's withdrawal of appearance which shall not require court approval. Neb. Ct. R. of Prof. Cond. § 3-501.2 (e).

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• The limited scope representation means that the client is officially acting, for the most part, as a pro se litigant in their case.

• But see, Neb. Ct. R. of Prof. Cond. § 3-501.2 (d) and the rule regarding a “Limited Appearance.”

• Where the attorney is preparing pleadings pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2 (c) they have not entered an appearance in the matter and the client is acting in a pro se capacity and as such may be contacted directly by opposing counsel.

• Where an attorney takes on the role of limited scope representation, they should make client to their “client” that opposing counsel has the ability to communicate directly with the “client” on matters outside the scope of representation.

• As opposing counsel in this situation, caution is advised. It may be advisable to contact the limited scope/representation attorney before contacting the pro se litigant directly.

Dealing with unrepresented persons and Neb. Ct. R. of Prof. Cond. § 3-504.3

• In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client. Neb. Ct. R. of Prof. Cond. § 3-504.3.

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Dealing with unrepresented persons and Neb. Ct. R. of Prof. Cond. § 3-504.3

• Six points can be taken from Rule 3-504.3:• 1. A lawyer should always ask if the other side is represented by counsel.

• 2. A lawyer should always assume that a pro se litigant does not understand the lawyer’s role and as such said lawyer should take steps (documented if possible) to make sure it is clear who the lawyer represents and that the lawyer is not disinterested.

• 3. If, at any time in the course of the matter, the lawyer knows or reasonably should know that the pro se litigant does not understand the lawyer’s role, the lawyer must take reasonable (advisably documented) steps to clear it up.

• 4. The lawyer must be careful not to give legal advice, except, the advice to secure counsel.

• 5. The lawyer should assume there is a conflict between the interests of his/her client and the pro se person and always advise said person to secure counsel.

• 6. A lawyer should not take unfair advantage of a pro se person.

A word of caution: Mamot v. Mamot, 283 Neb. 659 (2012)

• Premarital agreement provided to fiancé days prior to extensively planned marriage with a later statement that “you’ve got to get this signed otherwise we’re not getting married Saturday.” Id. at 667.

• Court found in part that the spouse did not have sufficient opportunity to have independent counsel review the premarital agreement. Id. at 669-670. Ultimately found that the agreement was not voluntarily signed and thus invalid.

• It can be asserted that “[t]he purpose of independent counsel is more than simply to explain just how unfair a given proposed contract may be; it is for the primary purpose of assisting the subservient party to negotiate an economically fair contract.” In Re the Matter of the Marriage of Foran, 834 P.2d 1081, 1084 (Wash. 1992).

• As such, in order to avoid a Foran type analysis, counsel might consider:• Make sure to comply with the requirements found in Rule 3-504.3 and that they have documented this.

• That counsel works with their own client to ensure their client is fully aware of the risks of pursuing an unfair agreement with a pro se litigant.

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Strategies to deal with pro se litigants

• 1. Make sure your role is clear.

• A lawyer should explain to a pro se litigant at the very beginning of the matter that the lawyer owes a duty to his or her client and that therefore the lawyer will always be acting in the best interest of their client. Neb. Ct. R. of Prof. Cond. § 3-504.3.

• Make sure that the pro se litigant can’t imply from your contact with them that you are disinterested. Neb. Ct. R. of Prof. Cond. § 3-504.3.

• All correspondence to the pro se litigant should include a statement of representation.

• 2. Other than the advice to seek counsel, never give legal advice to a pro se litigant. Neb. Ct. R. of Prof. Cond. § 3-504.3.

• Do not make recommendations to a pro se litigant about what action to take in the litigation.


• 3. At times it might be advisable to explain to the pro se litigant the procedural direction that is being taken in the court process, the rules that allow the lawyer to take such actions and why they are being taken.

• While the lawyer must avoid giving the pro se litigant legal advice, by calmly explaining the process and the rules that allow this path to be taken, it can potentially avoid time and expense for your client. Caution is important!

• 4. Be polite and professional.

• The court pays attention to these interactions.

• A pro se litigant might retaliate by filing a motion for sanctions or a complaint with the Counsel for Discipline.

• By losing their composure a lawyer can diminish their ability to represent their client.

• Life is short.

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• 5. Try, to the best of your ability, to resolve issues with pro se litigants before trial.

• 6. Never underestimate a pro se litigant.• Be prepared to try your case and pay attention as to whether or not the pro se litigant has “lawyered up.”

• 7. Understand the risks of negotiating with a pro se litigant.• There is always the potential that the pro se litigant can mischaracterize proposals and promises.

• Have another person present as a witness to the terms of the negotiation.

• The terms of an agreed upon settlement should be immediately memorialized in writing and signed by both parties. Perhaps similar to a mediation agreement.

• 8. Statements made by pro se litigants can be used against them and they need to understand this. The lawyer needs to utilize caution in order to not become a witness.


• 9. Always maintain composure and professionalism during trial.• While the law may consider a pro se litigant your equal, a judge and jury won’t.

• 10. If you are concerned about the pro se litigant introducing inadmissible evidence at trial, address it in advance with a motion in limine.

• 11. If the pro se litigant persists in making unsupported objections and/or speaking objections, it is advisable to address this immediately.

• A bench trial will typically present a different scenario than a jury trial.

• 12. Address all evidentiary issues, such as undisclosed exhibits/witnesses, prior to trial.

• 13. Be prepared to defend you client from intimidation and accusations if they are called as a witness.

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COMMON CONUNDRUMS FOR THE CASUAL

COLLECTIONS COUNSEL

JOHN T. ROGERSVLP PROGAM ATTORNEY,

NEBRASKA STATE BAR ASSOCATION



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2019 E.P.I.C.END‐OF‐YEAR CLE

Common Conundrumsfor the

Casual Collections Counsel

John T. Rogers, Esq.Nebraska State Bar Association

Evaluating Debt

Collection Claims

Issues to Consider• Amount Due.• Statute of Limitations.

• Written agreements - five (5) years. (NEB. REV. STAT. §25-205).

• Oral agreements - four (4) years. (NEB. REV. STAT. §25-206).

• Voluntary payments by debtors may extend the statute of limitations.

• Validity of Claim.• Quality of documents.

• Location of Debtor.• Court Costs.

• Filing fee.• Service of Process.• Execution costs (e.g. Garnishment).

• Incidental Expenses (i.e travel, postage, copies, etc.)

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Evaluating Debt

Collection Claims

Issues to Consider (con’t)• Likelihood of Recovery of Funds.

• Employment of Debtor.• Assets of the Debtor.• Secured or Unsecured Debt.• Other Creditors.• Bankruptcy.

• Legal fees usually not recoverable. See Parkertv. Lindquist, 269 Neb. 394, 693 N.W.2d 529 (2005).• But see Neb. Rev. Stat. § 25‐1801 Claims of

four thousand dollars or less; recovery; costs; interest; attorney's fees.

FDCPA• Applies to

• Any person (including an attorney)

• Who regularlycollects

• Consumer debts• Owed to a third party• Or appears to be

doing so.

Fair Debt Collection Practices Act

15 U.S.C. §1692

et seq.

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FDCPADemand Letter

Required Contents• The name of the creditor;• The balance due;• A statement that the debt will be

assumed to be valid unless disputed;• A statement that verification of the

debt will be mailed upon request;• A statement that the name and address

of the original creditor will be provided upon request; and

• The "Mini‐Miranda" ‐ A statement that the communication is from a debt collector attempting to collect a debt and that any information obtained will be used for that purpose.


15 U.S.C. §1692

et seq.

FDCPADemand Letter

• Must be sent within five (5) days after initial communication.

• Upon request for validation, must cease collection until verification is sent.

• Letter should contain a date certain for payment.• More than 30 days after mailing.• Don't sue before due date

("Overshadowing").• Offer options for contact.• Offer options for payment.• Do not threaten actions you cannot or

do not intend to take [§1692e(5)].• Be truthful / avoid appearance of

deception.


15 U.S.C. §1692

et seq.

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FDCPATelephone Calls and

Communications• ONLY communicate with debtor or debtor's

attorney (i.e. no spouses, children, neighbors, etc.)

• Must ONLY communicate with attorneyif debtor is represented.

• Don't call at any unusual or inconvenient time or place (8 A.M. to 9 P.M. local time is allowed).

• Don't leave phone messages.

• Don't call the debtor’s place of employment.

• Cease communication if requested to do so.


15 U.S.C. §1692

et seq.

FDCPAFair Debt Collection

Practices Act

15 U.S.C. §1692

et seq.

Do not threaten actions you cannot or do not intend to take.

Be truthful / avoid appearance of deception.

Don't take post-dated checks.

Use Mini-Miranda on all contacts with debtor. Do NOT use when contacting others.

Do not harass, annoy or swear at debtor.

If you represent a debtor, the violation of any of the above may indicate an FDCPA violation.

GENERAL RULES

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BasicDebt

Collection Lawsuit

Procedures

• File in County Court unless amount due exceeds $53,000 (NEB. CT. R. §6‐1462).

• Jurisdictional amount may change in June, 2020.

• Attachments not required.

• Reply if counterclaim (NEB. CT. R. §6‐1112).

• Serve via Sheriff• Must serve within 180 days of filing (NEB. REV.

STAT. §25‐217).• If stayed, must serve within 90 days after stay is

lifted. Id.

• Calendar for default (NEB. CT. R. § 6‐1432).

• Take judgment quickly.

• Transcribe judgment to District Court if real estate [NEB. REV. STAT. §25‐2721, Mousel Law Firm, P.C. v. The Townhouse, Inc., 259 Neb. 113, 608 N.W.2d 571 (2000).]

Collecting a Judgment• Garnishments (NEB. REV. STAT. §25‐1056 et seq.)

• Summons.• Answer.

• Due in ten (10) days. Id.

• Wages.• Continuing Lien.

• Effective for 90 days from date of service.• Extension.

• Additional 90 days if not paid after initial 90 days.• Non‐Wages.

• Order to Deliver.• One‐time payment.

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Collecting a Judgment• Garnishment Objections.

• Usually by court‐issued "Notice to Judgment Debtor" form.• Form options are

• Funds are exempt;• Balance due is not owed; and• "Head of Household" status is incorrect.

• Garnishee Failure to Answer.• File Motion to Determine Garnishee Liability.• Garnishee presumed to owe balance of judgment. (NEB.

REV. STAT. §25‐1028).

Collecting a Judgment• Executions

• Sale of Personal Property.• Levy first on personal property before real estate. (NEB. REV. STAT. §25‐1518).• Sheriff will publish notice and conduct sale. See NEB. REV. STAT. §25‐1525 for notice and

sale requirements.• Sale of Real Property.

• Sheriff will publish notice, but creditor required to serve copies on all interested parties. (NEB. REV. STAT. §25‐520.01).• Notice must be mailed within five (5) days after the notice of sale is first published. Id.• Proof of mailing the notice must be filed with the Court within ten (10) days after

the notice is mailed. Id.• Creditor's attorney should conduct a title search prior to executing on real property. See

NEB. REV. STAT. §25‐1529 for notice and sale requirements.

• Discovery of property of debtor. (NEB. REV. STAT. §25‐1565 et seq.)

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Collecting a Judgment• Exemptions

• $5,000 personal property "wild card" exemption. (NEB. REV. STAT. §25‐1552).• Does NOT include wages. Id.

• Debtor required to provide a list of all the debtor's personal property and value of said property at the time the request for hearing is made. Id.

• $5,000 tools of the trade. (NEB. REV. STAT. §25‐1556).• $5,000 automobile. Id.• Wages – The lesser of

• 25% of disposable earnings or

• The amount disposable earning exceed thirty times federal minimum wage or

• 15% of disposable earnings if debtor is "Head of Household". (NEB. REV. STAT. §25‐1558).

• $60,000 Homestead Exemption. (NEB. REV. STAT. §40‐101).• Other exemptions. See list at NEB. REV. STAT. §25‐1516.• Exemptions not timely claimed are lost.

Collecting a Judgment

Against Entities

Collection against a judgment debtor who is a partner in a partnership, or a limited partner or an LLC member are by charging order. (NEB. REV. STAT. §§21-142, 67-430).

Collection against a holder of corporate stock is by garnishment. Farmers' & Merchants' National Bank of Galva, Illinois v. Mosher, 63 Neb. 130, 88 N.W. 552, (Neb. 1901).

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Miscellaneous• Domesticating Foreign Judgments.

• Obtain authenticated judgment.• File in Nebraska court and give notice to judgment debtor. (NEB. REV. STAT. §25‐1587.01 et

seq.)• Dormancy and Revivor.

• If a judgment is more than five (5) years old and no execution has been issued on the judgment within five (5) years, the judgment becomes dormant and ceases to be a lien on real or personal property. (NEB. REV. STAT. §25‐1515).

• An execution will keep a judgment from becoming dormant. As long as a judgment is executed upon at least once every five (5) years or less, the judgment will not become dormant.

• If a judgment is allowed to become dormant, it may be revived within ten (10) years of becoming dormant. (NEB. REV. STAT. §25‐1420). Dormant judgments not revived within ten (10) years are forever barred. Farmers & Merchants Bank v. Merryman, 126 Neb. 684, 254 N.W. 428 (1934).

Worker's CompensationNew 2019 Statute: NEB. REV. STAT. §48‐148.02

• Effectively stays all collection activity for claims involving treatment of a work‐related injury.

• Workers’ compensation suit must be filed for stay to be effective (e.g. not just a woker's compensation claim).

• Upon reeipt of written notice, provider must halt collection activity.• The initial notice must contain the provider's name, employee's

name, date of the injury, and a description of the injury, together with the filing date and case number pending in the compensation court.

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Worker's Compensation• Within thirty days after the initial notice, an additional

notice must be provided specifically identifying the debt upon which collection should be stayed, unless identification was made in the initial notice.

• Notice shall be void if it fails to provide the proper information or is not provided within the required timeframes, or until proper notice is provided.

• Notice by personal delivery or first‐class mail.• Delivery must be proven in order to be valid.

Worker's Compensation• If collection efforts continue after notice, Attorney

General may be notified.• Collector or provider must respond or cure any

noncompliance.• If noncompliance continues, the Attorney General may

take steps to ensure compliance.• No private cause of action is created by this law.

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Worker's Compensation• After notice, pending lawsuits (and all collection activity)

should be stayed by the plaintiff until final adjudication by the workers’ compensation court.

• The statute of limitations is tolled during the pendency of the compensation case from the date the case was filed with the compensation court.

• Law is not applicable outside of workers’ compensation and not applicable to any other cause of action under state or federal law.

Best Practices

Postal Verification

39 CFR 265.6(d)(5)(ii) permits attorneys to obtain the names addresses of USPS customers for purposes of service of legal process.

The information available includes the physical address of post office box holders.

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Best Practices

Promissory note

If a settlement agreement is reached or payment arrangements are made prior to filing suit, consider reducing the agreement to writing in the form of a promissory note.

Having the debtor sign a promissory note clarifies the terms of the settlement agreement while extending the statute of limitations on the creditor's claim and limiting the defenses of the debtor. See NEB. U.C.C. §§3-308, 3-118.

Bankruptcy IssuesObey the Automatic Stay•Bankruptcy automatically stays all other actions, even before notice is received.•Consider a Motion for Relief from the Automatic Stay.

Obey the Stay

Attend First Meeting of Creditors•Creditors may question the debtor under oath.•File a notice of appearance to receive copies of all proceedings.

Attend the Meeting

Note Whether Filing is Chapter 7 or 13•The most common types: Chapters 7 is liquidation, Chapter 13 is reorganization.•Note proof of claim date and last date to object to the debtor’s plan.

Note the Chapter

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Bankruptcy Issues

• Consider Objecting to Chapter 13 Plan.

• Watch For Possible Dismissal.• Watch for Discharge of Debtor.• File a Proof of Claim before

the deadline.• Attach copies of all

documents supporting the creditor’s claim.

QUESTIONS?

THANK YOU FOR ATTENDING!

John T. [email protected]

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