Winston and Winston P.C. has been defending consumer lawsuits against collection agencies, law firms and creditors for over 20 years across the country. Our firm has either been lead counsel or has been retained to consult with other attorneys, especially insurance defense attorneys, who lack the experience in FDCPA, FCRA, TILA and ECOA issues. We have written extensively on compliance issues, including an annual edition since 1996 of The Complete Guide to Credit and Collection Law (Aspen), as well as written for newsletters and taught seminars on compliance for over 10 years.
Many clients ask us why we are so active in Consumer Defense Litigation. The reason is simple: Bad case law makes it more difficult and expensive for Winston and Winston P.C. and our clients to collect money.
Many Businesses utilize form agreements with unconscionable or unenforceable terms. In some cases, we find that neither party truly understands the weaknesses and strengths of their cases. We utilize our experience in litigating these agreements to help our clients obtain quicker resolution of these matters. For example, some clients feel that just because the claim is irrational, they cannot lose. Other clients confidently believe that their contract is fool-proof, and will be strictly enforced by the court. In some jurisdictions, these expectations are fulfilled, but in other jurisdictions, unexpected results will develop. Due to our experience and knowledge of the law, we are better trained to anticipate these scenarios and develop solutions.
We are cognizant of the financial and political impact a counterclaim, lawsuit or class action may have on our client. Many cases are litigated or settled for the wrong reasons, thereby encouraging repetitive lawsuits. The defense attorney bar is fee driven; the longer the litigation continues, the more fees they may charge - regardless of the result. We consult with our clients to determine the cases to be fought and the cases to be settled. A published decision from a consumer friendly court does more harm than a private settlement. In contrast, settling a frivolous lawsuit encourages future suits.
We use our experience and knowledge of the law, to better inform our clients as to the risks and rewards of litigation. We do not believe in treating hourly cases differently than contingency cases - in both instances we resolve them in the most cost-effective manner for the client. To manage costs, we utilize on-line legal research, and encourage our clients to perform time-consuming non-legal tasks suitable to be completed by the client.
Wishful thinking or blind ignorance is often the downfall of many businesses. Our firm offers audit compliance services and opinion letters to evaluate and reduce the likelihood of suit. Seminars are provided upon request to clients or associations in search of experienced speakers. Our proactive solutions are more economical than defending lawsuits.
Education and Training separates us from our competitors. By continuously writing and speaking, Winston and Winston P.C. is better informed than our competitors and adversaries.
The Complete Guide to Credit and Collection Laws (over 30,000 sold) is updated yearly (3 Editions, 6 Supplements) and can be purchased through several outlets, including its publisher Aspen Publishers, as well as from American Collector's Association International (ACA International, the largest association representing Collection Agencies). The book has received excellent reviews from the Commercial Law Bulletin, published by the Commercial Law league of America (May/June 2002) and the MAP Bulletin published by ACA International. Earlier editions are sold by Amazon.com, Barnes & Nobles.Com and Walmart.Com.
We offer training sessions on
| Effective negotiation tactics |
| Strategies for recovering collateral from third parties |
| Strategies for negotiating with a debtor who is attempting to refinance or sell real estate |
| Strategies for evaluating and managing attorneys |
| Developing criteria for litigating mortgage deficiency actions |
| Suggestions for drafting settlement agreements |
| Establishing a Business Plan for managing /fast-track commercial litigation |
| Contract Review: drafting releases |
| Witness preparation for trials and depositions |
| Reviewing telephone scripts and tactics |
| FDCPA Compliance |
Copyright © 2003 Winston & Winston P.C. All rights reserved.
Revised: April 11, 2004