KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ************************************ what attorney fees can you collect / comment on sending subscriber to crime scene / ISC schedule April 6, 2019 ************************************ Notice: ISC West. Private meeting times are booked. Concierge Clients should call our Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. Open Meet and greet schedule at ISC: Meet me at any of the below booths: Wednesday 11:00 am – COPS booth ; 2:30 pm – Avant guard booth; 3:30 pm – All American Monitoring booth Thursday 11:00 am – Rapid booth; 2:30 pm – J. Krug booth ********************** what attorney fees can you collect *********************** Ken, We have a client that signed the Fire All in One fire alarm contract and they are in default on the last three years on the contract. In the contract it allows us to recover reasonable attorney fees. Does this include cost of the demand letter our attorney will send asking for payment and if they don't pay then court action fees later? anon ********************* Response ********************* The Standard Form Agreements provide for attorney fees in the event you prevail in a proceeding or action, which includes arbitration, confirmation judgment or a court action. The actual language in the Fire All in One reads: "The prevailing party in any litigation or arbitration is entitled to recover its reasonable legal fees from the other party." Therefore, you are not entitled to attorney fees for a collection letter, unless that letter is sent after the arbitration or lawsuit has been started. If you sent the customer to my office for collection we will start by commencing an arbitration proceeding. If we do send a letter it will demand attorney's fees of one third of the amount owed to you. If you want to use the collection department at K&K contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@KirschenbaumEsq.com. If you are a Concierge Client, contact our Program CoordinatorStacy Spector,Esq, at SSPector@KirschenbaumEsq.com or 516 747 6700 x 304. ************************** comment on sending subscriber to crime scene from March 26, 2019 article *********************** Ken I’m with Robbie. If you own the property, you bought the alarm, you should be there at the disposal of the police. If you’re there early better use your brain. Zeke ************************ Response ************************ That might be a good way for the operator to advise the subscriber. "If early, use your brain." Problem with that is that if your subscriber is a consumer the courts treat them as if they don't have brains; they are "the least sophisticated consumer". I think the operator let's the subscriber know that a signal was received and the First Responder dispatched. That's it. Actually that's not it. I think they should try and sell guard service or runner service. Be sure to read this Monday's article for more great ideas. ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
