December 13, 2005

 

Why the Collections Attorney is No Big Deal!

I have been noticing that a lot of us are dealing--or have recently dealt--with the species of CA known as a collections lawyer or a collections law firm.

I feel that this topic should be brought up for discussion.If you have not dealt with the average specimen of the, eh, "animal", you may be scared out of your wits the first time the lawyer/law firm contacts you.

This is deliberate: the reason that these lawyers/firms are used in the first place is to intimidate and frighten the debtor into coughing up the money!!!

Don't be scared!!

Once you know about the average specimen among these, eh, "creatures", you will see that the average CA lawyer/law firm is comprised of " legal lions" that are TOOTHLESS, DECLAWED, AND 'FIXED' !Here is what you should know:

The Average Collections Lawyer is not the "Brightest Bulb in the Chandelier!":

The majority of lawyers who go into collections are-shall we say--rather dumb!

Yes, there are really bright attorneys who do collections for a living. They are quite rare and NOT the typical specimen of the "breed". The typical CA lawyers are "people" (and I use the term loosely! ) who were the "goats" of their Law School class (they graduated at the bottom). They WERE NOT members of the Law Review. They DID NOT clerk for a Supreme Court Justice. They DID NOT "make partner" in a high-powered law firm. They are NOT law professors. They DID NOT EVEN SUCCEED as a SOLO PRACTITIONER in any respectible field of law practice!

They couldn't even make it as ambulance-chasers!!

These "average" CA attorneys were, in fact, lucky to pass the Bar Exam in the first place!!

The "Attorney" that is Calling YOU may NOT EVEN BE AN ATTORNEY!!:

Most collection law firms DO NOT have a lot of attorneys on staff--maybe one or two in most cases.

Instead, they do as most other CA's/JDB's do: they hire molto "phone drones" at $7.50/hr. to do the dirty work!In fact, the attorney(s) may not even do a real "review" of the cases they are pursuing!

They are just figureheads who, in essence, "sell" their letterhead and "rent" (as Bud Hibbs would say) their law license to extort money from the debtor!!

These lawyers rarely will do a proper review of their cases (which is required by law). As an example, Collect America (CACV-now CACH), in fact, doesn't even allow their attorney franchisees ["rent-a-lawyers"] to hire and/or fire collectors nor lets them supervise them!!

The case of a SC attorney who was with them, and got disciplined for it, "In the Matter of Sean Bannon Zenner" detailed CACV (now CACH) agency practice. Why don't they do the review of the files required of them by law? Laziness? You'd think so, but the answer is even simpler than that:

They normally cannot do so, even if they want to! The only files they get are a simple database with little information--often just enough to "fill in the blanks" of the dunning letters... letters which may or may not even be sent to the lawyer's desk for what amounts to little more than a proofreading!!

The case of "Nielsen v. Dickerson" [98 C 5909, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 1999 U.S. Dist. LEXIS 13931 ] illustrated this "no real review" situation very well.The Average Collection Attorney literally gets NO RESPECT among their PEERS!

A lawyer is once reported as having said: "No lawyer willingly devolves to the level of collections attorney. Not one."The average collections attorney is not only an intellectual "dim bulb", but their characters are "less than sterling"--even among their own kind. These " abogados of the filthy lucre" are--as far as other attorneys are concerned--little more than "mobsters" with law degrees!! (We knew that, though!!)

Even the stereotypical "ambulance chaser" has FAR MORE RESPECT among lawyers than the average collections

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