how to hire a civil attorney ftc

What is a civil lawyer?

May 20, 2021 · Hiring a Lawyer. After you find the right lawyer, keep asking questions until you’re sure you understand what you've both agreed to. Then, get the agreement in writing. Discuss possible approaches to your case, your expectations, and the work to be done, including: How, and how often, will the lawyer update you?

Can I hire a different lawyer?

We provide entry-level attorneys with a comprehensive orientation to the Agency, Bureau, and the work of each of our divisions when you arrive in the fall. We also organize brown bag sessions throughout the year for you to develop skills needed to become a successful attorney. All new attorneys will attend a series of training sessions required ...

When should you hire a lawyer?

Submit your resume and a cover letter to [email protected] or learn more about Attorney Hiring in the Bureau of Competition. The FTC on LinkedIn. Visit us on LinkedIn for the latest FTC job opportunities, news, events, blogs, articles, and tips/resources for the business community.

How do I choose a lawyer?

Nov 21, 2017 · In August 2016, the FTC approved final amendments to increase the maximum amount imposed for civil penalties to adjust for inflation. The maximum civil penalty amount has increased from $16,000 to $40,000. The new maximum for civil penalties applies to all affected violations, even if the violation date is prior to August 1, 2016.

The government is seeking an extraordinary volume of records in my CID. Am I really required to give...

Potentially, yes. State and federal authorities have broad power when issuing civil investigative demands, and CIDs will frequently seek to compel...

Is it possible to challenge a civil investigative demand?

Yes, but only under limited circumstances. As a form of administrative subpoena, the courts defer to agency powers regarding the scope and enforcea...

What are my obligations once I have been served with a civil investigative demand?

Once you receive a CID, you have two primary obligations: (i) to produce the requested information within the applicable time frame (subject to neg...

What are some of the most common reasons that state and federal authorities issue civil investigativ...

While civil investigative demands are used in a variety of types of civil investigations, some of the types of cases in which we most-commonly see...

How can I protect myself (and my company) after receiving a civil investigative demand?

An important way that you can protect yourself and your company after receiving a civil investigative demand is by seeking legal representation. Re...

Why would I receive a civil investigative demand if I am not being targeted in a government investig...

State and federal authorities use civil investigative demands to collect information from multiple sources, not just the targets of their investiga...

Where can I find more information about what to do after receiving a civil investigative demand?

If you have been served with a CID, we strongly encourage you to seek legal representation. We offer free initial case assessments, and our defense...

What is an FTC defense attorney?

An FTC defense attorney can provide legal assistance with enforcement actions against individuals and businesses charged with unfair and deceptive advertising and marketing practices or fraud. Penalties associated with FTC violations can have substantial monetary consequences.

How does the FTC protect consumers?

By overseeing and regulating specific guidelines, the FTC protects consumers against fraud. The Bureau of Consumer Protection works to stop unfair, deceptive and fraudulent business practices by: According to FTC regulations, claims used in advertising and marketing must be truthful and based on facts and evidence.

What is a TRO in the FTC?

Most FTC enforcement actions are initially filed under seal along with an ex parte application for a Temporary Restraining Order (TRO). Typically, a TRO seeks to freeze all assets associated with merchant funds, and usually extends to all third parties in possession or control of such funds, such as banks and payment facilitators. Most TROs also seek appointment of a temporary receiver to take control of the marketer’s business and assets. This is done to prevent further consumer fraud and ensure that adequate funds are preserved for the purposes of consumer restitution.

What is a false advertising and marketing practice?

False advertising and marketing practices are deemed to be unfair or deceptive to consumers and constitute consumer fraud. Individuals and businesses charged with FTC violations and fraud are subject to serious penalties, often with life-long consequences.

Why is the FTC liable for restitution?

An individual business owner may be held personally liable for restitution because a corporation does not shield decision-makers from deceptive business practices claims.

What is the FTC penal leniency program?

To reduce financial hardship, the FTC has a civil penalty leniency program for small businesses that are not in compliance with the law. In addition to civil penalties, the FTC often seeks monetary restitution for consumers who have been harmed by unfair or deceptive practices.

What is the purpose of the Federal Trade Commission?

Its primary goal is to promote consumer protection and prevent or eliminate anti-competitive business practices, such as coercive monopolies.

What is the best way to address an overly burdensome civil investigative demand?

As with most legal issues, a negotiated resolution is often the best way to address an overly-burdensome civil investigative demand. With the right approach, you can negotiate with federal authorities – and knowing both (i) what can be negotiated, and (ii) who has the authority to make decisions at the federal level is critical to achieving a positive outcome.

What does it mean when you receive a civil investigative demand?

Receiving a civil investigative demand might mean that you are being targeted in a federal investigation. Or, it might not. Federal law enforcement authorities can issue CIDs to any individuals or entities that they have reason to believe might have information pertinent to a federal investigation.

How long does it take to respond to a CFPB CID?

Once an individual or organization has been properly served with a CFPB CID, the clock starts ticking. Strict deadlines apply; and, upon receiving a demand, preparing an appropriate response needs to become the recipient’s top priority. For example, if you receive a CFPB Civil Investigative Demand from the CFPB, you will need to prepare the relevant personnel to meet with CFPB attorneys within 10 days. And you only have 20 days within which to decide whether to file a petition to modify or set aside the demand. If you fail to raise certain issues during the initial “meet and confer” process, or if you let the 20-day objection deadline pass, you will likely be deemed to have “waived” your right to challenge the CID. Extensions are rare, and companies should not expect leniency if they miss a deadline – no matter how onerous the federal government’s demands may be.

What is antitrust law?

Antitrust is a complex and constantly evolving area of the law that few companies fully grasp, but which can lead to significant civil liability (and even criminal prosecution) in the event of a substantial violation. At the federal level, antitrust cases are investigated by the Antitrust Division of the U.S. DOJ and the Federal Trade Commission (FTC), often with other state and federal law enforcement agencies. Like other federal authorities, the Antitrust Division and the FTC have broad jurisdiction over businesses that operate in the United States, and they have extensive powers that facilitate their investigation of companies suspected of engaging in federal antitrust violations.

What does it mean when you are not under investigation?

If you have received a CID and you are not currently under investigation, this generally means that the investigating agency believes you have information that could help to establish a third party’s civil liability. However, it is also possible for an entity that is not being targeted to become the target of an investigation as a result of its disclosure of information in response to a CID, and this is yet another reason why it is critical to hire the best legal counsel to advise you in all aspects of your CID response.

What is a legal hold in DOJ?

Upon receiving a DOJ Civil Investigative Demand, one of the recipient’s first steps should be to institute a “legal hold.” This is an internal, company-wide effort to preserve any documents (hardcopy or electronic) that could possibly be responsive to the government’s demand. Record custodians should be advised of the types of records that need to be retained, and all employees should be provided with clear instructions not to delete or destroy any records that may need to be disclosed. The legal hold should cover both day-to-day practices (such as deleting emails and files in the course of business) and automatic or regularly-scheduled purges.

What is a CID in civil litigation?

If you are familiar with routine civil litigation, you may see that responding to a CID is a very different prospect than responding to discovery requests in civil litigation. In civil litigation, laws, rules, and regulations place substantially greater limits on the information that can be requested, and litigants have far more options for challenging one another’s use (or misuse) of the discovery process.

Why do criminal defense lawyers charge flat fees?

The purpose of a flat fee is to provide peace of mind , not to save money. Most "flat fee" arrangements will end up costing you more than an hourly agreement. Many criminal defense lawyers operate on a flat fee basis. It is possible to form a fee agreement that has elements of both an hourly billing rate and a fixed fee.

How does a lawyer-client relationship work?

Lawyer-client relationships work best when the lawyer and client trust and respect each other. If you don't feel comfortable with your lawyer as you start your relationship, there's a strong possibility that you will never have an effective working relationship with your lawyer.

What is retainer agreement?

A retainer agreement will address the financial aspects of the relationship such as the amount of any retainer you must pay to retain the lawyer, how fees are calculated and billed, and when fees are due. For cases involving contingency fees, a lawyer should always enter into a formal retainer agreement.

Why do attorneys quote a low retainer?

Other attorneys quote a very low retainer in order to get the client to hire them, and then bill the client for additional work. Make sure you understand whether you are paying a retainer or a flat fee and, to the extent possible, get a sense of how much the total fee is likely to be if greater than the retainer.

What is retainer in a case?

Some lawyers quote a retainer that reflects the amount that they believe the case will cost to litigate. Some lawyers instruct the client that a retainer is likely to cover only a portion of the case, and that additional retainer amounts may be required if the case does not settle and proceeds to trial.

How to determine how much a lawyer will charge?

The only way to determine how much a lawyer will charge you for specific legal services is to ask that lawyer. Most attorneys will not quote a price before scheduling a consultation, through which they can learn the facts of your case and get an idea of how much time and money will be involved in litigating the case.

Why is it difficult to give references?

For other areas of law, it may be difficult or impossible for a lawyer to give references due to concerns about client privacy or confidentiality. Your lawyer may need to contact possible references and obtain their permission before providing you with their contact information. Back to top.

What is the Montana District Attorney's Office?

The U.S. Attorney's Office for the District of Montana is considered a medium sized district and has offices located in Billings, Butte, Great Falls, Helena and Missoula. The Criminal Division prosecutes a wide range of federal cases involving organized crime, terrorism, complex securities and fraud cases, international narcotics, health care fraud and public corruption. The District also prosecutes in Federal Court violent crime cases which occur on Indian Reservations. These cases include assault, burglary, drugs, sexual assault and homicide. AUSA's assigned to the reservations act as a liaison between the reservation (s) and the United States Attorney. The Civil Division prosecutes every conceivable variety of affirmative and defensive cases filed in the District of Montana, at both the trial and appellate levels, involving matters such as health care, civil rights, environmental, false claims, immigration matters, all varieties of tort and discriminatory claims against the sovereign, the internet, telecommunications, energy policies and First Amendment issues. AUSA's are assigned to a unit within either the criminal or civil divisions in one of the branch offices.

Is the Department of Justice Equal Opportunity Employer?

Equal Employment Opportunity: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

What is a civil attorney?

A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, ...

Can you sue someone for a non-criminal crime?

As mentioned above, someone can sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, it would be ideal to hire a civil attorney to help you assess the merits of your case. Furthermore, if another person or business ever sues you, it is best to immediately consult ...

What is a lawyer?

Lawyers typically specialize in one type of law, or a few related practice areas. For example, one lawyer may only work on family-related immigration cases, while another may handle a wide variety of injury cases. Some attorneys don't undertake litigation at all, but serve more transactional or advisory roles.

How many lawyers are in a boutique firm?

In the middle are small firms, which employ between two and 10 lawyers and are sometimes called "boutique" firms. They offer the attention provided by single-attorney firms, but with enough depth to take on a broader range of legal topics.

What is a family law attorney?

A family law attorney may handle primarily divorce cases, or even specialize in custody disputes. Lawyers also differ in the way their respective firms are structured, ranging in size from single-attorney practices to large, multi-state (or even multinational) firms with thousands of attorneys on staff.

How does FindLaw help you?

FindLaw's Guide to Hiring a Lawyer not only helps you determine when you should hire a lawyer, but also helps you choose the right one, understand legal fees and agreements, and get some peace of mind. While lawyers can seem expensive, not having legal counsel when you need it can be far more costly. Practice Areas.

Why do we need a lawyer?

Having the right attorney when you need one can help you resolve a dispute with neighbors, end a marriage, enforce your rights in the workplace, or even avoid prison time. When life gets legal, whether it's a DUI charge or a positive event such as adoption, it often makes sense to get a lawyer.

Can a single attorney set up a living will?

A single attorney, perhaps working solo, is capable of setting up a living will and trust. But a large company going through a major acquisition will hire a large firm with deep resources and specialized staff attorneys. Some legal issues do not require the help of an attorney.

Do attorneys represent clients in court?

Some attorneys don't undertake litigation at all, but serve more transactional or advisory roles. Many in-house business attorneys, while qualified to represent clients in court, rarely step foot in a court room. Within these larger practice areas, attorneys may choose to focus on one or more specific types of cases.