Innovative Approach

                               Innovative Approach

Personal Injury/Major Loss

In order to provide his injury/major loss clients with the highest level of representation possible, Mr. Viencek utilizes an innovative approach which combines his skills with the skills and resources of some of the very top attorneys (and other professionals) locally, across the state, and in some instances, nationwide. First, he meets with the client, reviews the facts, and investigates the matter. Then, Mr. Viencek makes the following very important decision (this is the key to his approach and success). Based upon his analysis of the case (the facts, the injuries involved, etc.), he decides which attorneys and other professionals bring to the case the skills, experience, and resources that give the client the best chance of winning. These attorneys and other professionals are then brought into the case to form a team. Mr. Viencek works with this team of attorneys and other professionals, overseeing all aspects of the case at all times.

Mr. Viencek only works with people he trusts and who meet certain criteria he has established. For instance, the attorneys must:

  • Practice law according to high ethical standards;
  • Not engage in deceptive, misleading, or unprofessional advertising, or advertising that crosses the line into hype and sensationalism;
  • Represent exclusively Plaintiffs (with few exceptions)
  • Have a minimum of 10 years experience (usually much more);
  • Have very successful track records of obtaining large settlements and jury verdicts;
  • Have experience in handling the particular type of case at hand (sometimes not necessary)
  • Be responsive to Mr. Viencek and his clients (not drag their feet and delay things; have the courtesy to return calls, answer questions, etc.)

This innovative and highly successful approach gives Mr. Viencek the ability to equip each client, on each case, no matter what type of case it is, with the resources, power and clout needed to prevail.

Example: baby is deprived of oxygen during labor and delivery as a result of medical malpractice; sustains lifelong neurological and brain damage. These cases are complex. They require an array of professionals (e.g., attorneys, paralegals, nurses, doctors, life care planners, etc.) with the right skills and experience. These cases also require very substantial financial resources to investigate, work up, litigate and present to jury - upwards of $100,000. We are not talking about attorney fees here. The attorney gets a percentage of the recovery, if there is a recovery. We are talking about the amount of money the attorneys will have to advance/front out of their own pockets to pay for the expenses necessary to prepare the case for court such as investigation fees, expert witness fees for the doctors and life care planners who will testify at trial, etc. Mr. Viencek utilizes a team of professionals that have been very successful in these cases and know just what to do.

Example: an auto injury case caused by an intersection that should have had a stop sign or traffic light given a history of prior accidents including fatalities. The typical motor vehicle case is against the other driver. A case on these set of facts, however, is different and gives rise to a claim against the county for negligently maintaining the intersection. These cases have unique requirements including very short time deadlines. Thus, Mr. Viencek brings in people he knows are adept at handling cases such as this.

Example: client is seriously injured as a result of a business establishment's failure to have adequate security. Mr. Viencek assembles yet another group of attorneys and other professionals who are well versed in the intricacies of successfully handling what is referred to as a negligent security case.

Example: client falls and sustains serious injury as a result of a defective condition in a parking lot. Mr. Viencek brings in other professionals he knows who have significant experience and success in premises liability cases.

 

Debt Relief

Mr. Viencek has also achieved great results for his clients in the area of debt relief. As with his injury practice, his debt practice is characterized by major innovation. Most debt relief attorneys are bankruptcy attorneys. Not Mr. Viencek. Although he formerly practiced bankruptcy law and has extensive bankruptcy experience, he now uses that knowledge and experience to help people achieve real, tangible debt relief without having to file bankruptcy. His debt relief practice is devoted to providing people with debt relief exclusively thru non-bankruptcy means, stopping debt collection harassment, and making those that engage in such harassment pay!

These are 3 main debt relief services Mr. Viencek provides:

#1 Debt Elimination Thru Leveraged Debt Settlement

Mr. Viencek helps people completely eliminate debt by negotiating an arrangement whereby his clients pay (in one payment or a series of payments) a small percentage of what they owe in exchange for the lender’s agreement to consider the debt satisfied and release the client from any further obligation on the debt. There is a strong moral basis for debt settlement in light of the unfair, deceptive, and illegal conduct that credit card companies routinely engage in.

A big reason for Mr. Viencek’s success in settling debts is the leverage he brings to the table.

First, he’s an attorney. The overwhelming majority of “debt relief” and “debt reduction” outfits you see on T.V. and the internet consist of non-lawyers and are located in another state. Because they are not lawyers, they have no real power or authority whatsoever to protect your legal rights. They cannot sue a creditor when the creditor violates your rights; they cannot represent you should your creditor sue you; they cannot assert counterclaims against a creditor that sues you; they cannot go to court on your behalf. The fact that Mr. Viencek can do the foregoing and more gives him major leverage that these debt relief/reduction outfits don’t have. Beware that many of these outfits are outright scams, and those that aren’t often only provide marginal relief at best and can end up producing more harm than good.

A second reason for Mr. Viencek’s success is the knowledge and experience he has representing debtors, and the clever strategies and tactics he employs.

Examples of Mr. Viencek’s leverage at work:

  • Client owed a large sum of money to a major credit card company. Upon reviewing written documentation the client received from this company and its attorney, Mr. Viencek discovered that the card company and its attorney had violated her rights. Accordingly, he brought a class action. As a result, his client’s entire debt was forgiven and the card company was required to pay her $5,000 in damages.
     
  • Client is sued by a credit card company for $16,514.92. With his client’s back against the wall, Mr. Viencek used his knowledge, experience and reputation to secure a settlement for $3,800 representing 23% of what was owed thereby putting an end to the litigation and the debt.

#2 A Special Program For Those Who Don’t Have The Money Needed To
      Settle Their Debts

Mr. Viencek designed this program for those who don’t have the money needed to settle their debts. This fills a big void. Prior to coming up with this program, essentially the only option people who fall into this category had was to file bankruptcy.

Because credit card companies can read this website, Mr. Viencek does not want to provide the details of how this special program works. He will, however, indicate what the program can do for you. For a reasonable monthly fee, Mr. Viencek can:

  • Force debt collectors to stop contacting you
  • Provide you with specific month to month representation with respect to your creditors and debt collectors
  • Set the stage for a possible legal claim against debt collectors whereby they could be forced to pay you money
  • Set the stage for possible debt settlement down the road
  • Set the stage for possible elimination of your debt with no further payments to your creditors

Mr. Viencek can discuss this further in the context of a free consultation.

#3 Debt Relief Thru Asserting A Debtor’s Legal Rights

Debtors have legal rights just like creditors. In fact, they have more rights than most (including many attorneys) realize. Significant debt relief can often be achieved by asserting a debtor’s rights either proactively or in the context of defending a lawsuit brought by a creditor.

Examples:

  • A debt collector engages in abusive or harassing debt collection practices. Mr. Viencek helps the client sue the debt collector under a federal law which requires the debt collector to pay you money damages and your attorney’s fees. Mr. Viencek has helped people in debt recover over $200,000 in monetary damages as a result of these types of debt collection practices. This is an example of proactively asserting a debtor’s rights.
     
  • A foreclosure action is commenced against Mr. Viencek’s client, the homeowner. The client simply needs more time to come up with the money necessary to bring the loan current. Mr. Viencek defends the client in the foreclosure action which buys the client the time needed to to save his home from foreclosure. This is an example of the enforcement of a debtor’s rights thru defensive action.

 

 
Copyright 2010 Mark F. Viencek. All Rights Reserved. Attorney Advertising.
Law Offices of Mark F. Viencek | 290 Linden Oaks, Rochester, NY 14625 | 585.419.8075