In this clip from The Defense Never Rests podcast episode 9, Philadelphia mediator Barbara Lyons and Judge Michael Snyder discuss opening statements at mediation. Do you think they are less useful than attorneys think? Let us know what you think in the comments below.
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WHAT TO WATCH NEXT
? Defense Attorneys on Plaintiff Likability: https://youtu.be/8e_-o7e15DM
? Defense Team on The Plaintiff’s Attorney: https://youtu.be/AUnXOgsjjeE
? Unexpected Deman Rise from Plaintiff’s Counsel: https://youtu.be/C8cZWYUlR-8
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My name is Patricia Baxter. I am a managing partner helping companies keep their litigation costs under control & close files! I collaborate with insurance companies and self-insured businesses to reach their goals. In addition to my role as an active trial attorney, I also specialize in early and efficient dispute resolution.
My practice is concentrated in 3 main areas: products liability, aviation, and premises liability. With products liability I represent manufacturers and distributors of various powered industrial machinery/equipment; industrial/commercial equipment; medical devices; construction equipment; food service products; cosmetic products; aviation component parts; automotive OEM and aftermarket component parts; elevators; plumbing, electrical and lighting fixtures; and recreational equipment and related component parts. With aviation I represent airlines and aviation vendors, including skycaps, wheelchair handlers, plane cleaners, baggage handlers, Jetway operators, tarmac mechanics and more. With premises liability I represent large commercial landowners and facility management companies with high self-insured retentions.
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What is mandatory credit counselling?
Credit counselling refers to the two counselling sessions, a person filing bankruptcy or a consumer proposal, is required to take before he can be discharged from bankruptcy.
Usually the counselling sessions are held at the trustee office.
The purpose of the counselling sessions is to provide financial information skills to the debtor in the hope that these skills will better prepare the debtor to make sound financial decisions.
The Office of the Superintendent of Bankruptcy has provided the following standards for trustees to follow:
First Counselling Stage — Consumer and Credit Education
The qualified counsellor shall present information to provide the bankrupt and/or relative, or a consumer debtor, with consumer advice in the areas of:
(i) money management;
(ii) spending and shopping habits;
(iii) warning signs of financial difficulties; and
(iv) obtaining and using credit.
Second Counselling Stage — Identification of Roadblocks to Solvency and Rehabilitation
The second stage is to determine the budgetary and/or non-budgetary causes of insolvency or bankruptcy and requires that the qualified counsellor:
(a) follow up on the application by the debtor of the principles presented in the first stage to assist the debtor, to better understand his or her strengths and weaknesses with regard to money management and budgeting skills;
(b) assist, where appropriate, the bankrupt and/or relative, or a consumer debtor:
(i) to identify the non-budgetary causes (such as gambling abuse, compulsive behaviour, substance abuse, employment and marital or family difficulties) that may have contributed to his or her financial difficulties;
(ii) to better understand his or her behaviour in financial management and consumption habits; and
(iii) to make him or her aware of the existence of resources that will help him or her achieve and maintain economic stability; and
(c) cooperatively with the debtor, develop recommendations and alternatives for a financial plan of action that, if appropriate, may include referral for specialized counselling to deal with non-budgetary causes of insolvency.
So does counselling succeed in its objective to better educate debtors so they can better manage with their finances? Some trustees think that counselling is very useful; or even essential.
Saul Schwartz: Counselling the Overindebted: A Comparative Perspective (2005) https://www.ic.gc.ca/eic/site/bsf-osb.nsf/vwapj/Schwartz-2005-ENG.pdf/$FILE/Schwartz-2005-ENG.pdf
Trustees as Noted by Saul Schwartz’s Study (above):
The trustee supports mandatory counselling despite believing, as do most trustees, that bankruptcy is not often an avoidable consequence of personal irresponsibility or ignorance.
Many trustees believe that their clients’ bankruptcies are unavoidable because they are caused by events such as unemployment, illness or family disruption.
I think that counselling is ineffective for the reasons I give in this article. https://www.bankruptcycanada.com/why-counselling-should-be-discontinued.htm
Debt counseling is the process where any one hands over all of your financial information to a qualified, experience and professional debt counsellor.
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How to Become a Credit Counselor. Part of the series: Credit Cards, Credit Score & Credit. Credit counselors help people manage credit every day. Learn how to become a credit counselor from a credit counselor in this free personal finance video.
