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creditorsbar.org | September 28, 2023 | (202) 861-0706

The Markoff Minute: A Message from the President

One Last Time and the President's Award

Greetings Everyone,

Time sure flies. It’s hard for me to believe that this will be the final chapter of the Markoff Minute as we get ready to swear in the next group of Board Directors and Officers. It has been my honor to serve as President of the NCBA. I attended my first conference over fifteen years ago. From my early days working on committees, to serving multiple terms as a Board Director, and now culminating with my term as President, I am so thankful for the NCBA and the chance to actively participate in the association. While I’d like to believe that I have served the association, the truth is that NCBA has given me more than I could have ever asked for. The opportunity to meet industry thought leaders throughout the country, brainstorm through countless strategic planning sessions with them, and get to call these people not only my colleagues, but my friends, has been a blessing. I have learned so much throughout the years. It has made me a better businessman, a better leader, and a better person. I am extremely proud of how our organization has matured. Thirty years later and we continue to improve. The accomplishments are too many to list, but I confidently hand off the reigns knowing that our organization is on stable footing and in very good hands. My final request is the same as it’s been, please get involved in our great association.

In closing out my term, I have the privilege of handing out the President’s Award. The President’s Award goes to someone who demonstrates leadership within the NCBA community. Nominations cannot be made for this award as it is given at the sole discretion of the NCBA President.

I am honored to award the President’s Award to Marvin Dang. Over the last decade, Marvin has tirelessly served NCBA including serving as Co-Chair of the Bylaws Committee and the DEI Committee, as a Board Director, and in the Officer position of Parliamentarian. Marvin has been attending NCBA conferences for over 25 years and is a PAC and Advocacy Support Foundation Donor. Marvin is a wealth of knowledge. He is thoughtful, meticulous, and he genuinely cares about NCBA. Marvin has provided me guidance, comfort, and advice throughout my term as President and I will be forever grateful for his service and commitment to NCBA. I cannot think of anybody more deserving of this award than Marvin.

Congratulations, Marvin and thank you! 

Steve Markoff

President, NCBA

Managing Partner, Markoff Law LLC

2023 NCBA Award Winners

We're pleased to announce the following recipients of the 2023 NCBA Awards:

The President’s Award

NCBA Board President, Steve Markoff, awarded the 2023 President’s Award to Marvin Dang. As Steve outlined in his update, Marvin has been an indispensable member of the Board, Co-Chair of the Bylaws Committee and DEI Committee, Parliamentarian, and friend of NCBA. We are all grateful for his service and dedication to our organization. 

NCBA Community Service Award

Keith D. Weiner & Associates Co., L.P.A. is the recipient of the 2023 NCBA Community Service Award. The firm stands out as exceptional when it comes to involvement within the community, through their Charity Committee, Charity Store, and volunteer time off. The firm's Charity Committee is responsible for picking a new charity to support bi-annually and coming up with creative ways to raise money for the selected charity. For the first half of 2023, the firm voted to support Cleveland Roots, an organization dedicated to teaching how to grow and provide food to those in need, and they hit a record in terms of money donated and time volunteered by firm employees. The firm also runs a Charity Store in their lunchroom that has drinks, snacks, and lunch items and all proceeds are donated to charity and offers paid volunteer time off to all employees. Keith D. Weiner & Associates Co., L.P.A. truly represents what this award is all about.

The Outstanding SCBA Award

This year’s recipient for the Outstanding SCBA Award is the Florida Creditor’s Bar Association (FLCBA). The FLCBA has consistently emphasized the importance of its members' active involvement in Florida Bar committees that play a pivotal role in shaping the legal landscape. In addition, the FLCBA has also reached out to the Judiciary and had over 20+ Judges speak and meet with FLCBA members to discuss our practice and the concerns of the Judiciary. This has made Florida creditors rights practice stronger.

Donald Kramer Award 

The recipient of the 2023 Donald Kramer Award is the Arizona Creditors Bar Association (AZCBA). As NCBA’s 2022 SCBA of the Year, AZCBA was recognized for its ability to mobilize an impressive advocacy movement in response to a powerful California union placing a misleading debt avoidance issue on the Arizona ballot. NCBA was also proud to partner on a joint Amici with AZCBA in this unprecedented case. This year, AZCBA is being recognized as an industry champion for its support of SCBAs throughout the country. From meeting on collaborative calls, sharing best practices and lessons learned, to placing this challenging process on the advocacy map, AZCBA has made a lasting impact on the creditors rights industry.

Help us congratulate all of our deserving award winners!

New Webinar Alert: Cross-Examination 101

Registration is now open for another NCBA Legal Learning Webinar:

Cross-Examination 101

Thursday, November 9 | 1:00 p.m. ET | CLE Pending | Free

Whether you're dealing with a small dispute or a complex legal battle, the art of cross-examination can be the key to your success. This program introduces practitioners to groundbreaking "Killer Cross Examination" techniques and how to effectively apply them to creditors' rights litigation. Learn how these techniques have transformed our presenter, Wes Wollenweber’s legal practice, resulting in many successful outcomes. Joining Wes is attorney Stacy Stein, who provides valuable practical firsthand courtroom experience use of these techniques. 

Sponsored by:

Attendees will have the opportunity to not only acquire knowledge but also immediately apply these highly effective and straightforward cross-examination methods. Subject matter experts will teach you how to integrate these techniques with your case's themes, master proper impeachment strategies, and use cross-exam preparation as the cornerstone of your trial preparation process. By mastering these tried-and-true techniques, you'll exude confidence in the courtroom, which can make all the difference in the outcome of your case.

Key Learning Points and Practical Skills in This Session:

1. Less is More: Discover how to frame cross-examination questions as concise, rapid statements that judges and jurors can easily appreciate. Brevity can be a powerful tool.
2. Authentic Presentation Style: Understand the importance of authenticity in your presentation style. Being true to yourself and your case can enhance the effectiveness of your cross-examination.
3. Handling Difficult Witnesses: Learn how to employ the looping technique when dealing with evasive or challenging witnesses. This method can help extract crucial admissions related to debts, contracts, intent to pay, and more.
4. Setting Up the Cross-Examination: Explore the strategies for setting up your cross-examination, including using case trilogies, creating concise outlines, and establishing goals for obtaining key admissions and impeaching witnesses. Your cross-exam preparation will serve as the foundation for your entire trial strategy.
5. Calling your Opposing Party First: As Plaintiff’s counsel, discuss the concept of calling your opposing party first, and cross-examining under Rule of Evidence 611(c) to lock in key admissions to proving your case.

By honing these skills and techniques, you'll not only boost your confidence but also your effectiveness in the courtroom. Your ability to master cross-examination can tip the scales in your favor, whether you're representing creditors or tackling any legal challenge.

Benefits Spotlight: Member Peer Groups

Our Member Peer Groups were designed to facilitate informal, peer-to-peer discussions around specific topics. We currently host five peer groups:

• Compliance Peer-to-Peer Forum – for CCOs and compliance professionals to connect on best practices, CFPB's debt collection rules, and other regulatory issues and challenges.
• SCBA Leadership Forum – for anyone interested in tackling state centric issues and advocacy.
• In-House Counsel Forum – for In-House Counsel Members to connect on best practices, compliance, legal ethics, client communications, and other real life solutions facing corporate counsel in a highly regulated industry.
• Diversity, Equity & Inclusion Committee – for anyone interested in diversity, equity, and inclusion within the legal profession and NCBA.
• Bankruptcy Peer Forum – for anyone who represents creditors in consumer and commercial bankruptcy cases to focus on best practices.

Reach out to us at membership@creditorsbar.org to join any of these groups.

Reminder: Ethics Webinar on October 25

Dumb Things Lawyers Do

Wednesday, October 25 | 1:00-2:00 p.m. ET | Ethics CLE Pending

The practice of law is just that – practice. No one gets it right all the time, and the price of mistakes continues to rise. Join Noah Fiedler and Alyssa Johnson with the Attorney Risk Management Practice Group of Barron & Newburger, P.C. for a fast-paced discussion about common errors that lead to malpractice claims and disciplinary complaints. 

Sponsored by:

These subject matter experts will explain common scams designed to take advantage of lawyers, discuss how to avoid risks in multiple representations, and identify other easily avoided mistakes that cause stress and financial loss.

Upcoming SCBA Events

• Michigan Creditors Bar Association 12th Annual Golf Outing – Monday, October 2 | Visit the MCBA website to register.
• Virginia Creditors Bar Association Annual Meeting & Collections Seminar – October 12-13 | Visit vcba.net/events to register.

Know of an SCBA event? Send the details to nathan@creditorsbar.org and we'll include it in our list!

NCBA Law Practice Management Blog

by Jared Correia

Is It Legal? Lots of Legal Software Isn’t Original, But That’s Okay

I’ve got some surprising news: some lawyer didn’t invent the idea of CRM software. Neither were the relational databases that serve as the backbone for law practice management softwares built for law firms. But, that’s okay. Because lots of software is derivative – including within the legal vertical, where there are uncountable numbers of copycats of Clio and RocketMatter, which introduced the first cloud-based case management softwares to lawyers. 

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