Associate Attorney
6 days ago
Tustin
Job DescriptionBenefits: • 401(k), • Paid time off Responsibilities • Represent individual consumers in state court in debt collection and related consumer actions, from filing or answering the complaint through trial or settlement., • Review lawsuits, contracts, statements, account histories, and supporting documentation to evaluate liability, damages, and the validity and ownership of the alleged debt., • Draft, file, and argue responsive pleadings (Answers, counterclaims, demurrers/motions to dismiss, motions to strike, motions for judgment on the pleadings) asserting appropriate defenses such as lack of standing, improper service, statute of limitations, and defective documentation., • Prepare, propound, and respond to written discovery; take and defend depositions as needed; and seek evidentiary sanctions where creditor/collector discovery responses are inadequate., • File and argue dispositive and pretrial motions, including summary judgment/summary adjudication and motions in limine., • Negotiate settlements, payment plans, and stipulations to judgment that minimize client exposure, including reduction of principal, interest, and fees, and, where appropriate, debt waivers., • Analyze potential violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and analogous state consumer protection statutes, and assert counterclaims or separate actions where warranted., • Act as a buffer between clients and collectors by directing all creditor and collection agency communications through counsel and addressing harassment or unlawful collection practices., • Advise clients on the legal and practical consequences of judgments, including wage garnishments, bank levies, liens, and postjudgment enforcement, and, where appropriate, explore bankruptcy or other global resolution options., • Where a default judgment already exists, evaluate service and procedural history and, when appropriate, prepare and argue motions to vacate or set aside judgment and negotiate postjudgment resolutions., • Maintain accurate, timely file notes, case plans, and calendar entries for all hearings, deadlines, and client communications., • Collaborate with support staff on case intake, document collection, and file management; provide clear direction for paralegal and assistant tasks.Qualifications, • Juris Doctor (J.D.) from an ABAaccredited law school., • Active license in good standing with the State Bar of the jurisdiction(s) where matters will be handled., • Working knowledge of state civil procedure, evidence rules, and judgment enforcement procedures relevant to consumer debt litigation., • Familiarity with federal and state consumer protection statutes, including FDCPA and FCRA, and willingness to develop deeper subjectmatter expertise., • Strong legal research, writing, and oral advocacy skills, including experience drafting motions and appearing at motion hearings, case management conferences, and trials.Preferred Experience and Skills, • 1+ years of civil litigation experience, preferably including consumer debt, collection defense, or related consumer protection work., • Prior experience representing consumers in credit card, medical debt, auto deficiency, or debtbuyer lawsuits., • Experience identifying and litigating FDCPA/FCRA or statelaw collector violations, including bringing affirmative claims or counterclaims., • Comfort with managing a volume caseload while maintaining highquality work product and client communication., • Spanish or other secondlanguage skills in markets with high LEP client populations., • Familiarity with case management systems and document automation tools used in consumer practices.Core Competencies, • Clientcentered counseling: Ability to explain complex legal concepts in plain language, set realistic expectations, and reduce client anxiety in the face of litigation and collection pressure., • Negotiation: Demonstrated ability to negotiate effectively with creditor counsel and collectors, leverage evidentiary and procedural weaknesses, and secure favorable settlements., • Strategic thinking: Capacity to quickly assess the strength of claims and defenses, weigh litigation versus settlement options, and design efficient case strategies., • Professionalism and ethics: Commitment to zealous yet ethical advocacy, compliance with professional responsibility obligations, and sensitivity to financially vulnerable clients.Compensation and Benefits, • Competitive salary commensurate with experience, plus performancebased bonuses tied to case outcomes and efficiency metrics., • Benefits package may include health insurance, paid time off, CLE reimbursement, and bar dues., • Hybrid or remote work arrangements may be available