Firm News

Justin Baxter lectured on taking depositions in Fair Credit Reporting Act and Fair Debt Collection Practices Act cases in a webinar on behalf of the National Association of Consumer Advocates. The webinar was part of NACA's Foundations in Consumer Law series. Justin discussed deposition strategies for cases involving both consumer credit reporting agencies and furnishers of credit information.

National Association of Consumer Advocates (NACA) is a non-profit association of attorneys and consumer advocates committed to representing customers’ interests. Our members are private and public sector attorneys, legal services attorneys, law professors and law students whose primary focus is the protection and representation of consumers. To learn more about NACA, click here.

Lara Gardner of Baxter & Baxter, LLP, lectured to attorneys about bankruptcy in a Continuing Legal Education (CLE) seminar sponsored by Law Review CLE.

The topics Lara lectured on included:

Choosing Which Chapter to file, 7 or 13
Client Interview / Gathering Information
Means Test
Completing the Petition
341 Hearing

For more information about the CLE, including recordings, click here.

Lara Gardner is the lead attorney in the Vancouver, Washington office of Baxter & Baxter, LLP. She represents consumer debtors in Chapter 7 and Chapter 13 bankruptcy cases.

Lara has been an attorney since 2003, specializing in consumer bankruptcy. Lara was a member of the Oregon State Bar Consumer Law committee for two years. She has spoken at several CLEs on bankruptcy, and has published articles on consumer bankruptcy. She is a member of the Debtor-Creditor section of the Oregon State Bar, and volunteers at the Pro Bono Bankruptcy Clinic.

Baxter & Baxter, LLP's Vancouver, Washington bankruptcy office, serves Clark County, Cowlitz County, Pacific County, Wahkiakum County, and Skamania County. The Vancouver, Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. The new office is located at:

Baxter & Baxter, LLP
1101 Broadway Street, Suite 213
Vancouver, Washington 98660
Tel. (360) 574-5239
Fax (360) 326-1613

Justin Baxter spoke to attorneys about Fair Debt Collection Practices as part of the Oregon State Bar's Pro Bono Seminar on October 25, 2011. Click here for more information about the Pro Bono Fair.

Justin also spoke about Fair Credit Reporting in a separate lecture on behalf of the Oregon Law Institute's annual consumer law CLE. Click here for more information about the Seminar.

Lyndon Ruhnke of Baxter & Baxter, LLP, was one of the panelists on a Bankruptcy Round Table hosted by the ORCBA at Portland State University, October 7. Ruhnke talked to debtors' attorneys about earned income credit exemption caselaw and compelling a trustee abandonment of a small business.

Lyndon Ruhnke is the lead attorney in the Bankruptcy Practice Group of Baxter & Baxter, LLP. He represents consumer debtors in Chapter 7 and Chapter 13 bankruptcy cases. Lyndon’s general practice primarily focuses on representing individuals with claims ranging from consumer issues to personal injury. He is a member of the Oregon Trial Lawyers Association.

The Portland, Oregon bankruptcy attorneys, Hillsboro, Oregon bankruptcy attorneys, and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.

The Portland office is located at:

Baxter & Baxter, LLP
8835 S.W. Canyon Lane, Suite 130
Portland, Oregon 97225, USA
Telephone (503) 297-9031
Facsimile (503) 291-9172

Michael C. Baxter has again been named to the list of Oregon Super Lawyers by Super Lawyers, a publication of Thomson Reuters. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-approved law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country.

Click here to view Mike Baxter's superlawyers.com listing.

Overview

Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
Step One: Creation of the Candidate Pool

Lyndon Ruhnke of Baxter & Baxter, LLP, spoke on behalf of neighbors at a recent Portland City Council meeting about a recent land use dispute. Runhke was quoted about the installation of a new water tank in a residential neighborhood:

"They did everything landscaping-wise that I and a lot of neighbors said they needed to do, but the one thing they didn't do was make this thing a little smaller," he said.

Click here to read the whole story.

Lyndon Ruhnke is the lead attorney in the Bankruptcy Practice Group of Baxter & Baxter, LLP. He represents consumer debtors in Chapter 7 and Chapter 13 bankruptcy cases. Lyndon’s general practice primarily focuses on representing individuals with claims ranging from consumer issues to personal injury. He is a member of the Oregon Trial Lawyers Association.

The Portland, Oregon bankruptcy attorneys, Hillsboro, Oregon bankruptcy attorneys, and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.

The Portland office is located at:

Baxter & Baxter, LLP
8835 S.W. Canyon Lane, Suite 130
Portland, Oregon 97225, USA
Telephone (503) 297-9031
Facsimile (503) 291-9172

Justin Baxter was asked about businesses' liability for advice they give to consumers, when the businesses hold themselves out as experts. Laura Gunderson of the Oregonian sought the input from Justin Baxter of Baxter & Baxter, LLP:

Justin Baxter, a consumer attorney with the Portland firm Baxter & Baxter, heard the same story and didn't hesitate with an answer.

"If someone holds themselves out as an expert or as qualified to give advice then they are bound by that advice," he said. Of course, he added, consumers are responsible for what they -- or their cars -- consume, yet that responsibility expands when we seek out expert advice.

Baxter sees it as a continuum. At one end there's an expert such as an ASE-certified mechanic and the other, he said, even a Fred Meyer clerk who offers similar fluid advice.

"If a business's marketing strategy is 'You can trust us,'" he said, "then they should be held to the standard that they created for themselves."

Click here to read the whole story.

Justin Baxter discussed the rising number of collection lawsuits flooding court dockets with Matthew Kish of the Portland Business Journal. The Journal notes "The nation is choking on debt after the economic collapse brought a halt to a home equity-fueled binge on big-ticket items like flat-screen TVs. As a result, an army of debt-collection lawyers is parachuting into county courthouses to collect some of the $3.2 trillion in consumer debt . . . ." The article begins with the story of Linda L. West, a client of Baxter & Baxter, LLP. Both Ms. West and Mr. Baxter declined to comment on that case, but Baxter did comment on the broader issues of widespread collection litigation.

Click here to read the whole story. (Requires subscription).

Michael C. Baxter has been named to the list of Oregon Super Lawyers by Super Lawyers, a publication of Thomson Reuters. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-approved law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country.

Click here to view Mike Baxter's superlawyers.com listing.

Overview

Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
Step One: Creation of the Candidate Pool

Michael Baxter, of Baxter & Baxter, LLP, has received the prestigious AV Peer Review Rating from Martindale-Hubbell. The AV® rating is the highest such peer review rating available to any individual lawyer.

The Martindale-Hubbell Peer Review Ratings system is based on the confidential opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. Martindale-Hubbell representatives conduct personal interviews to discuss lawyers under review with other members of the Bar. A compilation of these opinions from various sources is necessary to form a consensus, and lawyers under review are sometimes asked to provide professional references to assist with the process. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated. Members of the Bar are instructed to assess their colleague's legal ability and general ethical standards.

There are two components to Martindale-Hubbell Peer Review Ratings:

1. General Ethical Standards Rating
The General Ethical Standards Rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities.

The General Recommendation Rating is:
V - Very High

A lawyer must receive a General Ethical Standards Rating before his or her review can proceed to the next step.

2. Legal Ability Ratings
Legal Ability Ratings take into consideration the standard of professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. If a lawyer's practice is limited or specialized, Martindale-Hubbell Peer Review Ratings are based on performance in those specific fields of law.

Legal Ability Ratings are:
C - Good to High
B - High to Very High
A - Very High to Preeminent

Kirsten Baxter has joined the law firm of Baxter & Baxter, LLP. Her practice specializes in consumer protection litigation and bankruptcy. She has been a member of the Oregon State Bar since 2010. She is admitted to practice before all courts in the State of Oregon. She holds a B.A. in Engineering from Northwestern University, and J.D. from the Willamette School of Law.

Baxter & Baxter, LLP, is a Pacific Northwest consumer protection law firm with offices in Portland, Oregon and Vancouver, Washington.

Click here to learn more about Kirsten Baxter.

Lara Gardner has been designated the lead attorney in Baxter & Baxter, LLP's Vancouver, Washington office. The Washington bankruptcy attorneys of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.

Baxter & Baxter, LLP
Vancouver, Washington Office
1101 Broadway Street, Suite 213
Vancouver, Washington 98660, USA
Tel. 360.574.5239 | Fax 360.326.1613

View Larger Map

Baxter & Baxter, LLP, has opened a new Vancouver WA bankruptcy office, to serve Clark County, Cowlitz County, Pacific County, Wahkiakum County, and Skamania County. The Vancouver, Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. The new office is located at:

1101 Broadway Street, Suite 213
Vancouver, Washington 98660, USA
Tel. 360.574.5239
Fax 360.326.1613

View Larger Map

Justin Baxter was interviewed by the NY Daily News about debt collection harassment in the digital age. Baxter commented that the use of social networking sites (such as Facebook) "is part of a much larger pattern that has evolved over the last decade where collectors and creditors are using technology to be more creative and aggressive . . . ."

Click here for the original story.

Justin Baxter, of Baxter & Baxter, LLP, has received the prestigious AV Peer Review Rating from Martindale-Hubbell. The AV® rating is the highest such peer review rating available to any individual lawyer.

The Martindale-Hubbell Peer Review Ratings system is based on the confidential opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. Martindale-Hubbell representatives conduct personal interviews to discuss lawyers under review with other members of the Bar. A compilation of these opinions from various sources is necessary to form a consensus, and lawyers under review are sometimes asked to provide professional references to assist with the process. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated. Members of the Bar are instructed to assess their colleague's legal ability and general ethical standards.

There are two components to Martindale-Hubbell Peer Review Ratings:

1. General Ethical Standards Rating
The General Ethical Standards Rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities.

The General Recommendation Rating is:
V - Very High

A lawyer must receive a General Ethical Standards Rating before his or her review can proceed to the next step.

2. Legal Ability Ratings
Legal Ability Ratings take into consideration the standard of professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. If a lawyer's practice is limited or specialized, Martindale-Hubbell Peer Review Ratings are based on performance in those specific fields of law.

Legal Ability Ratings are:
C - Good to High
B - High to Very High
A - Very High to Preeminent

Justin Baxter was quoted in a CNN Money article with Gerri Willis, CNN's personal finance editor, on how to dispute debts to debt collectors. Baxter noted that many debts were subject to a three to six year statute of limitations, after which time, creditors could no longer sue a debtor.

Baxter & Baxter, LLP, represents consumers who have been sued for debts that they do not owe. If you have been served with a complaint and summons, time is of the essence. Strict time limits apply to file a formal appearance with the court that you have been sued in. The appearance must be in the proper form, must contain certain required statements, and the applicable fees must be paid at the time of filing. Failure to do any of these things can result in a judgment being entered against the defendant.

Consumers often learn of a judgment entered against them that they were unaware of because they moved, or because they were not served with papers. It is more difficult to set aside a judgment when it has been entered. However, where the facts of a particular case permit a judgment debtor to vacate a judgment, and prevail on the underlying case, Baxter & Baxter, LLP will represent consumers in such cases.

Finally, in a small proportion of cases, the lawsuit has been filed outside of the applicable statute of limitations. If a case has been filed more than six years after the last payment, it is possible to avoid a judgment. Additionally, for particular credit cards, it is possible that a shorter statute of limitations applies. For example, if you are sued on behalf of Capital One, which chooses Virginia’s law in its cardholder agreement, the statute of limitations may be as little as three years.

Click here to read the whole story.

Justin Baxter sat down with Mike Donahue of KOIN 6 to discuss the use of attractive women as Facebook "friends" to track debtors. In the story, debt collectors were using attractive women as "friends" on Facebook to track down and keep track of debtors.

Click here to see the story at KOIN 6's website.

Portland, Oregon. A Multnomah County jury has returned a verdict of $107,000 in a MVA case today. The case was Hunter v. Boyson. Plaintiff's lawyer was Mike Baxter. Ms. Hunter was a passenger that was rear ended while stopped in traffic. Plaintiff alleged that the impact aggravated a pre-existing injury, causing continuing pain in the low back.

* Verdicts not intended to be representative

Justin Baxter was interviewed by the Portland Business Journal about the economic trends and unlawful debt collection practices in Oregon.

Click here to read the whole story.