bambergerlaw.com

It’s great to win a case!  Whatever type of case it is, it is great to win.  The clients are happy, justice is served, and The Mark Bamberger Co., LLC gets paid.  What’s wrong with this statement?  Should payment be dependent on whether an attorney wins the case?  In almost all cases the answer is “no”.  We put tremendous passion and effort into our cases.  Many times we win and there are toasts of whiskey all around at TMBC.  However, the losses are often twice as painful and personal as the victories are sweet.  The ultimate determination of the court either in our clients’ favor or in opposition does not change the time we spent or the passion we exerted toward the case.

In these difficult economic times, some clients weigh their commitment to paying their bill on the outcome.  A recent article in the Dayton Bar Association’s Bar Briefs recommended that attorneys bill by the quality of their work, not the time spent.  In this business owner/attorney’s opinion, that feeds right into this vice.  We as legal counsel work hard for our clients, at least we ethical ones do.  We bring years to decades of experience and expertise to the table for our clients.  Our clients must realize that the outcome of their case does not change their admitted commitment to pay us for our time and effort.

We at The Mark Bamberger Co., LLC have always tried to do a consistently high level of pro bono (unpaid) work for those in need.  I do a number of divorces and other cases per year for people who cannot otherwise pay, but are in dire need of legal assistance.  It should be noted that there is a difference between pro bono work and what I term “involuntary pro bono work” (a.k.a. working your butt off and not getting paid).  When I sign an agreement with a client, I expect to do my level best to represent them as they commit to do their level best to be open and honest with me about themselves and their case and further to pay their bill.  That sounds fair…right?

Popularity: 13%

Mark J. Bamberger, Esq., Principal

The Mark Bamberger Co., LLC

Those with adjustable rate mortgages (“ARMs”) who made it through what seems to have been the worst part of the recent Recession are taking a deep breath in thanks of maintaining their homes from foreclosure either within or without Bankruptcy.  It is good news, to be sure.  But before uncorking that champagne, bear this in mind.  Many economic experts who study these things forecast that a second wave of foreclosures and bankruptcies on the near horizon.

The reason for this pessimistic prediction has to do with the structure of many housing loans.  Many of the ARMS still out there are about to hit a second “adjustment” phase, in which, like the first one, the rates will shoot for the sky.  This could raise some ARMs from 6% to perhaps more than 10%, meaning hundreds of dollars more in monthly mortgage payments for the average household and further financial peril.  This wave is predicted to begin washing up on our shores later in 2010 and into 2011 and 2012.  And no, this has nothing to do with the Mayan calendar!

As before, the important thing to do is avoid panic.  Just as the federal programs for home retention, for example President Obama’s Home Affordable Program, helped so many through the first wave, many who know this stuff say a second mortgage assistance program is on its way.  Also, mortgage brokers are now accustomed to dealing with attorneys representing economically challenged and desperate clients.  My mantra is this: “As wonderful as your house is, in this market the bank does not want it!  It is in their best interest to keep you as a paying customer as long as they can”.  In other words, they are on your side – well as much as a monolithic, cold, heartless creditor can be.

And on the subject of mortgage broker empathy, more often now I see more clients in my offices concerned about the pace of their loan modification under federal or state home retention programs.  They also complain about the mortgage brokers repeatedly losing paperwork and nagging them for “updated financials” to process their modification applications.  Although I join many others in assuming an insidious and nasty motive from mortgage brokers, some of this just makes sense.  As I advise my clients, mortgage creditors are so overwhelmed with modification applications that it can literally take four months or more for them to review a client file and render an offer on modification.  The lost paperwork and need for them to update that client’s financial information is more an artifact of the backlog than anything insidious.  Alternatively, if a client has evidence of nasty motives, I am more than happy to take their civil case against that mortgage broker.

Popularity: 35%

When you are in need of legal services, you need to find the right attorney. Whatever legal problems arise in your life, you will be in good hands with The Mark Bamberger Law Co.

We provide our clients with a wide range of overlapping practice areas, from drafting wills, trusts and estates and handling personal injury cases to negotiating our clients tax settlements with the Internal Revenue Service. From the simple to complex, we provide effective and caring representation.

We are proud to ardently and aggressively represent your case, no matter its size. You can depend on us to fight to obtain the best outcome for you.

Popularity: 26%