Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As many people know, original creditors are treated differently than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives original creditors a relatively free ride. So where do lawyers fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not protected under the FDCPA. They can be, and as a practical matter the one suing you probably is, a debt collector. However, if the lawyer is representing an original creditor and acting in its name, he will be treated as an original creditor. If you are being sued by a debt collector, chances are good that the lawyer is also a debt collector, you can pretty much count on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your legal rights, and the other is more of a practical consideration.

Respondeat Superior

There is a concept in the law that makes people responsible for the things people who are acting as their agents do. This is known as “respondeat superior.” With a few exceptions, an employer is liable for the actions of an employee. That means a client is responsible for the actions of his or her lawyer. In general, this means that a debt collector is responsible for anything that its attorney does. Or to put it differently, you don’t need to sue the lawyer to attack the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes sense to sue the lawyer is not an easy decision. I know you take the lawsuit personally-it represents a large threat to your personal and financial well-being. Naturally you want to strike back, personally, at the human person you see on the other side. The question is, though, is this the decision most likely to give you the most benefit? Is it most likely to cause them to drop the case and leave you alone?

I don’t know. Most of the time, the lawyers suing you regard your case from a purely business perspective attempting to maximize their profit and minimize the cost of suing you. And much of my approach to debt litigation has been to suggest that people exploit this business perspective by making your case unprofitable. That is relatively easy to do, although of course this isn’t always enough. If you sue the lawyer, you change her motivation. Then, instead of it being a merely business decision, you increase the personal stakes for the lawyer. It makes things unpleasant for the lawyer, no doubt, but it also motivates them to work much harder in many cases. You have multiplied your enemies.

A Final Legal Consideration

If you are suing the lawyer, your claim is not exactly a “counterclaim.” Instead, what you would probably do is counterclaim under the FDCPA against the debt collector and bring a third-party suit (within the same lawsuit) against the lawyer. The pleading is just called a third-party suit and names the lawyer as third-party defendant and states your claim in the same way the counterclaim did. Then the lawyer has to be served a summons. None of this is specially difficult, but it is time-consuming. Given the questionable benefit of suing the lawyer, I rarely thought it was worth spending the extra time. You’ll have to decide what makes sense to do in your case.

Becoming an English Solicitor – The Qualified Lawyers Transfer Scheme (QLTS)

English law is held in high esteem; London is among the leading legal cities in the world; and talented and qualified lawyers continue to seek to become English solicitors.

Job prospects are decent for lawyers in the UK and by becoming an English solicitor, you increase your employability. Once qualified, you will be able to practise law cross-border, finding employment in England, Europe and further afield in countries including Australia, South Africa and Russia. In addition, you broaden your professional knowledge, understanding and experience which similarly broadens your career prospects.

As a qualified English solicitor, you will be in a stronger position to offer your existing and future clients more legal services. As well as finding employment as a solicitor in England and Wales, your wider career prospects are enhanced when you gain the QLTS. You may choose to practise law in your home jurisdiction, in which case you will benefit from an improved professional track-record and marketability. Or work as an English solicitor in London. Or perhaps even find a role in an international law firm which has a base in the EU, and live and work anywhere in the world.

Whichever career path is right for you, being an English solicitor will bring you more business and greater financial rewards. And this is enhanced by the high standard of competence associated with newly qualified solicitors of England and Wales thanks to the method of assessment – whether you choose the fast-track QLTS route or the domestic route.

Under the existing Qualified Lawyers Transfer Scheme, the QLTS (previously, the Qualified Lawyers Transfer Test, the QLTT), international lawyers as well as barristers in England and Wales, are assessed to ensure they meet the necessary standards required to practise English law. Those admitted to the Roll of Solicitors of England and Wales through the QLTS have an even greater professional profile thanks to this high level of testing.

The QLTS training places international lawyers on a par with domestic lawyers, making for a more level playing field. The same standard expected of domestic lawyers is expected from overseas lawyers wanting to apply for the QLTS and lawyers who pass the QLTS have the same level of competence as lawyers qualified to practise English law through the domestic route.

Now is certainly a good time to become an English solicitor, as the financial implications of the recession start to ease and the employment markets open up once more. The QLTS offers two major improvements to candidates compared to the QLTT – there is the English language test and the removal of the experience requirement. These are both positive developments for international lawyers wanting to train as English solicitors.

As a result of these enhancements to the QLTS, more confidence is instilled in successful candidates. There is rigorous testing of all applicants’ practical skills as part of the course. This ensures no one experiences discrimination as everyone is treated the same and assessed to the same standard – although of course because the means of testing is objective, issues regarding ages and disabilities of candidates will naturally be taken into consideration. Candidates who meet the necessary standard will be admitted as a solicitor of England and Wales. Clients will therefore know that all qualified English solicitors, regardless of their route to qualification, are competent and have the professional knowledge, skills, behaviours and ethics needed to perform legal duties well.

The QLTS is an affirmative step for all international lawyers, and barristers in England and Wales, seeking to train as English solicitors. The system is fairer but equally stringent and allows only the highest calibre of lawyers to pass the QLTS assessments.

If you want to become an English solicitor, a big factor in determining whether you’ll pass your QLTS course is the course provider itself. Without excellent teaching, informative materials, a support network, and experienced staff to guide you through, passing will be more difficult. The QLTS School programme offers a dedicated approach to the QLTS assessments – and because it’s completely focused on the one test, students really benefit from an array of advice and support that is always available.

The QLTS School is committed to helping international lawyers become English solicitors. Our website has information for every stage of the process, from what you need to do to be eligible for the QLTS to applying for the course. There is advice about careers, the benefits of practising English law, and guidance for every step of the course.

With over ten years’ experience and thousands of international lawyers who have successfully qualified as English solicitors, the QLTS School has an excellent reputation and a high candidate pass rate. The QLTS course is comprehensive and convenient, and you will have all the materials you need to study – including distance learning courses, video and audio lectures, and access to the online study portal – and the freedom to study when it suits you. The study portal lets you communicate with other candidates, as well as access all the teaching tools including videos, audio and PowerPoint presentations.

Created by skilled legal professionals who have worked extensively with international lawyers and understand their needs, the QLTS School programme provides you with everything you need to pass your QLTS assessments and go on to enjoy an extensive career as an English solicitor.

How to Choose a Great Business Lawyer for Your Business: My Top Ten Tips

Conventional wisdom (and many lawyers) will tell you that, if you’re a business owner or manager, you will get yourself in trouble if you don’t have a good business lawyer. But when I hear this, I view this as somewhat of a negative statement, which frankly annoys me. I assume that smart business people do not want to be belittled and told that, they if they don’t have a lawyer, they will be too naive or inexperienced to avoid pitfalls.

Another way of saying this is that I personally hate doing anything to move away from something. I much prefer to make choices that allow me to move towards perceived advantages of my actions. So I address my clients accordingly.

So with this in mind I will rephrase the primary benefit of having a great lawyer by your side as follows: you will make more money. You should thus view a business lawyer as your partner who will help you make the choices that will improve your business and drive your bottom line upwards.

Now, if you are looking for a lawyer or are not happy with your present lawyer, how do you choose a great business lawyer. But first a definition. What is a business lawyer? I personally distinguish a business lawyer from a corporate or commercial lawyer. To me the business lawyer in the classic sense of the term denotes the classic lawyer-client relationship where the lawyer is more than someone who cranks out paper. I define the business lawyer as your quasi business partner or confidante. Someone you can confide it, who can solve your problems, understand you and help you grow.

Now Here are my TOP 10 TIPS to choosing a GREAT BUSINESS LAWYER, not in any order of importance.

10. Don’t assume you need a big blue chip firm. I come from several big blue chip law firms. They do great law and sometimes you need the “brand” or “label” of the big law firm next to you, for instance if you’re going public. But for more routine work, you don’t need such a firm. They are expensive and comprise many layers. So for you to deal with the top dog, you will be paying up to $1,000 per hour, or more. If your budget is one quarter of this, you will mostly be dealing with a junior associate who will not have the business experience you are looking for. It really depends on your needs, and your budget.

9. Don’t focus only on the billable hour rate. If you’re hesitating between someone who costs you $250 per hour and someone else at $350 per hour, don’t make your decision strictly on cost. What matters are two things: first what the final bill will be and, second, what value who will have received. The hourly rate is a red herring. What is the point of asking someone to do a job for you at $250 per hour if the person needs 40 hours for the job where the other lawyer at $350 per hour only needs 20 hours? Particularly if the other lawyer can do a better job for you. Billing policy is too much of a thorny and elaborate issue to address in a few lines. My point is simply that the hourly rate is not the be all and the end all.

8. Look for someone you would be happy to have a drink with. If your relationship with your business lawyer is going to be successful, you need to connect with him (her) on a personal basis. It is to your advantage to let your lawyer into your life as a quasi-friend. For this to happen there must be personal chemistry.

7. Look for business experience. If your business lawyer is going to advise you on your business, it is trite to say that having business experience is a must. Again it goes to the difference between dealing with a junior associate just out of school and someone who has real practical hands on business experience.

6. Look for someone open to a fixed fee arrangement. No one I know wants to retain a lawyer not knowing what the final bill will be. While this is often difficult for a lawyer to estimate, he (she) may be open to a flexible or fixed fee arrangement. And he (she) should be able to give you at least a good idea on the fees.

5. Look for a deal maker not a deal breaker. In any business deal, there can be dozens of reasons why the deal can’t work or why the agreement is not right. You don’t want a lawyer that throws unnecessary obstacles to making the deal work. It takes a practical approach. It is all about business risk and your lawyer should give you the pros and the cons and provide advice rather than blocking the deal.

4. Think of your business lawyer as your part-time VP legal. Some business lawyers are open to retainer arrangements where they will agree to act as your part-time VP legal at a lower cost than hiring a law firm. A lawyer could for instance offer to work a certain numbers of days per month for you at a fixed fee. It could save you money and help you grow your business with a smart person on the inside who gets to understand your business inside out.

3. Find someone with good business connections. Getting things done in this world often requires a good business network. Having access to this through your lawyer is invaluable.

2. Find a people person. If you want your lawyer to make things happen for you, he (she) will need to be someone who does not antagonize everyone around him (her). Having someone who relates well with other people can be a key to making something work.

1. Think bottom line. Lawyers cost money but I submit this should not be your first thought. What you should be thinking about is whether by spending say $1,000 your lawyer can help you generate $2,000. If so, the lawyer is not a cost. He (she) is a co-generator of a rate of return of 100%. If you think about it that way and your lawyer delivers, the cost will not be so bad to digest.

With these elements, you will be in a position to make the best decision for what works for you.

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