When negotiating settlements (especially when a lawsuit is pending) always refer to the debt as "the amount claimed to be due". Any acknowledgement of an actual debt from you, as agent of your client, could be used against the client should you fail to reach an acceptable settlement.
Scott F. Soape
Thursday, October 13, 2011
Saturday, October 1, 2011
Avoid "Unlicensed Practice of Law"
How you phrase settlement offers and client communications can be important, especially if you are dealing with attorneys on pending lawsuits.
Unless you happen to be a lawyer, you must always avoid giving your client advice that could be construed as "legal advice" or making arguments against a debt that include matters of law. The unlicensed practice of law (UPL) is taken very seriously in the legal community and can result in legal action being brought against you if you are not careful.
By positioning yourself only as a provider of "financial advice" for each debt settlement situation, you will avoid the UPL pitfall. My complete Business Plan System shows how to do this and all of my sample correspondences make this position clear... with clients and creditors. In my 14 years of negotiating settlements with creditors and their attorneys, I have NEVER had a problem with UPL.
Scott F. Soape
Unless you happen to be a lawyer, you must always avoid giving your client advice that could be construed as "legal advice" or making arguments against a debt that include matters of law. The unlicensed practice of law (UPL) is taken very seriously in the legal community and can result in legal action being brought against you if you are not careful.
By positioning yourself only as a provider of "financial advice" for each debt settlement situation, you will avoid the UPL pitfall. My complete Business Plan System shows how to do this and all of my sample correspondences make this position clear... with clients and creditors. In my 14 years of negotiating settlements with creditors and their attorneys, I have NEVER had a problem with UPL.
Scott F. Soape
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