Commercial Law World - Issue 4, 2017 - 21

RICHARD J. PAYNE
- Continued from page19

property management firms in this area have their
own collections software, but competition might
warrant smaller property management companies
teaming up with bonded agencies to further their
collections efforts. Furthermore, the attorneys who
handle this work normally don't appear on any law
list and thus are not bonded through the lists. A
proposal for bonding through a list might appeal to
larger associations.
What should you do to begin to handle work for
Associations? First, familiarize yourself with the
laws governing condominiums and homeowner's
associations in your area. Review the procedure
for handling this type of case by examining the
county and circuit court filings by other attorney's
handling this type of matter. Consider hiring a
lateral attorney who has experience handling this
type of matter. Second, get involved in your local or
state bar to the extent they have a Condominium
or Association law Section. Thirdly, market
yourself. Marketing in this area consists of trade
organizations catering to property managers.

The main organization
is the Community
Association Institute
or CAI. They have local
chapters and national
events. Other groups put
on trade shows. Go to the
trade shows and exhibit.
Association law continues to grow as a field
in many states. The number of community
associations continues to grow. Each association
needs an attorney at some point. With this growth,
the need for attorneys knowledgeable in this
field also grows as does the need for competent
collections advice. In this time of shrinking
revenue from traditional collections work,
association representation presents an expanding
base of clients for all CLLA members. 

The law firm is usually reluctant to assign resources to collect
an old account as they would prefer to have their more valuable and
expensive attorneys dealing with new and profitable matters rather
than trying to collect old matters.
One of the other problems is that most law firms are effectively
restricted to practicing and collecting accounts owing to them
within their own immediate jurisdiction. The current reality is that
law firms may be representing clients throughout the country and
internationally. Most law firms are not in a position to have the
resources or contacts to pursue outstanding accounts from clients
who are not located within their immediate area.
Law firms have clients which may be located in jurisdictions
throughout the United States and in other countries. They may
feel comfortable with dealing with their own collections within
their own jurisdiction. However, the members of the CLLA can be
found throughout the USA, Canada and indeed in many countries
throughout the world. That positions us to be a provider of collection
resources to law firms who do not need to conduct their own
investigations and research in order to find suitable providers of
services.
One of the other issues with respect to law firms assigning
claims to other law firms for collection is the issue of cost. Most
law firms outside of our industry still position themselves as hourly
billers. Members of the CLLA are quite accustomed to receiving
compensation in whole and in part on a contingency basis and this
would be attractive to law firms which are trying to collect their
accounts but not incur additional costs in order to do so.
It would seem that this would be a situation which would be
custom made for the Triadic System.

The law firms could use the CLLA
website as an initial point of entry and
perhaps the website could be slightly
tweaked to include "law firm claims" as
an area of expertise for lawyers and/
or agencies to indicate that they are
prepared and experienced in dealing
with such claims.
The law firms placing the claims could then make a decision as to
whether they wished to direct the claims to a commercial collection
agency or to a collection attorney. The law lists would play their
usual role in assisting their customers in finding suitable matches and
providing the security of their bonding facilities to provide comfort
to the law firms placing such claims. 
CLLA.ORG

21


http://www.CLLA.ORG

Table of Contents for the Digital Edition of Commercial Law World - Issue 4, 2017

Contents
Commercial Law World - Issue 4, 2017 - Cover1
Commercial Law World - Issue 4, 2017 - Cover2
Commercial Law World - Issue 4, 2017 - Contents
Commercial Law World - Issue 4, 2017 - 2
Commercial Law World - Issue 4, 2017 - 3
Commercial Law World - Issue 4, 2017 - 4
Commercial Law World - Issue 4, 2017 - 5
Commercial Law World - Issue 4, 2017 - 6
Commercial Law World - Issue 4, 2017 - 7
Commercial Law World - Issue 4, 2017 - 8
Commercial Law World - Issue 4, 2017 - 9
Commercial Law World - Issue 4, 2017 - 10
Commercial Law World - Issue 4, 2017 - 11
Commercial Law World - Issue 4, 2017 - 12
Commercial Law World - Issue 4, 2017 - 13
Commercial Law World - Issue 4, 2017 - 14
Commercial Law World - Issue 4, 2017 - 15
Commercial Law World - Issue 4, 2017 - 16
Commercial Law World - Issue 4, 2017 - 17
Commercial Law World - Issue 4, 2017 - 18
Commercial Law World - Issue 4, 2017 - 19
Commercial Law World - Issue 4, 2017 - 20
Commercial Law World - Issue 4, 2017 - 21
Commercial Law World - Issue 4, 2017 - 22
Commercial Law World - Issue 4, 2017 - 23
Commercial Law World - Issue 4, 2017 - 24
Commercial Law World - Issue 4, 2017 - 25
Commercial Law World - Issue 4, 2017 - 26
Commercial Law World - Issue 4, 2017 - 27
Commercial Law World - Issue 4, 2017 - 28
Commercial Law World - Issue 4, 2017 - Cover3
Commercial Law World - Issue 4, 2017 - Cover4
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