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Complaints
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Customer Complaints Summary
- 1 complaint in the last 3 years.
- 0 complaints closed in the last 12 months.
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Initial Complaint
Date:04/01/2024
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I have fallen victim to fraudulent practices perpetrated by OSC Vocational Systems, a vocational training services company. I firmly believe that OSC Vocational Systems has violated the Washington Consumer Protection Act in the following ways:Engaging in unfair and deceptive practices:a. On March 13, 2013, *****************************, the owner of OSC Vocational Systems, referred **************** as a vocational counselor to my attorney. However, it later came to light that **************** did not possess the necessary experience working with individuals of my education and background, which he failed to disclose.b. ****************** misrepresented his qualifications and failed to meet professional standards. As a certified rehabilitation counselor, he was expected to operate within the confines of his competence, based on his education, training, and relevant experience. However, he knowingly took on my case despite lacking understanding in my specific area of expertise, thereby violating the Code of Professional Ethics for Certified Vocational Evaluation Specialists.Engaging in unfair business practices:a. ****************** grossly overcharged me, retaining a $5,000 fee without providing the promised vocational services.b. Furthermore, OSC Vocational Systems refused to refund the unearned portion of my retainer after I terminated ********************** services. Moreover, I was billed for services that were never rendered, including research, report preparation, and case management and coordination of services.Despite my concerted efforts to address these concerns directly with OSC Vocational Systems, the company has failed to provide a satisfactory resolution. Hence, I kindly request your assistance in investigating this matter and taking appropriate action to protect consumers from the deceptive practices of OSC Vocational Systems.Thank you for your attention to this matter. I eagerly await your prompt response and a resolution that upholds consumer rights.Sincerely,*********************Business Response
Date: 04/13/2024
Ms. ******** asserts:
I have fallen victim to fraudulent practices perpetrated by *** Vocational Systems, a vocational training services company.I firmly believe that *** Vocational Systems has violated the Washington Consumer Protection Act in the following ways:
*** Responds:
We fervently disagree with these unfounded allegations and detail further below what we believe is clear and accurate information that supports our disagreement with Ms. ********* unfounded allegations. Ms. ******** is not a **** consumer in litigated matters. She is an experienced attorney licensed in the State of ***********
Ms. ******** asserts, Engaging in unfair and deceptive practices:
a. On March 13, 2013, ******************************the owner of *** Vocational Systems, referred **************** as a vocational counselor to my attorney. However, it later came to light that **************** did not possess the necessary experience working with individuals of my education and background, which he failed to disclose.
b. ****************** misrepresented his qualifications and failed to meet professional standards. As a certified rehabilitation counselor, he was expected to operate within the confines of his competence, based on his education, training, and relevant experience. However,he knowingly took on my case despite lacking understanding in my specific area of expertise, thereby violating the Code of ************ Ethics for Certified Vocational Evaluation Specialists.
*** responds: ****************** has been qualified as an expert in state and federal courts in *********** ****** and ******* He has never been excluded as an expert.Also, he has performed evaluations in over 50 marital dissolution matters. Ms.******** asserts that he is unqualified and is as she erroneously and disparagingly wrote in an email: Instead, it seems ****************** chose to "fake it until he makes it" while charging exorbitant fees against my retainer.
Further, as publicly and accurately reported on our website, for the past 40 years, ************************ M.Ed., CRC, FVE,CEA provides professional services as a Vocational ************** Counselor and Case Manager with *** Vocational Systems throughout the ***************** and *********** Region from all *** Vocational Systems offices.
**** entered his practice in ********** ****** in 1984 providing vocational rehabilitation and expert opinion services to the workers compensation and personal injury venues; this has grown to include both ********** and ****************** Insured and ******************** compensation, ********* and Harbor worker, ************************ Long Term Disability and ERISA, ******************************* and marital dissolution venues; wage loss evaluation and calculation of economic damages for plaintiff and defense counsel in civil litigation.
****************** is a Certified ************** Counselor, ******************************* Specialist and Forensic Vocational Expert. He has served as **********er to the ********** of ********************* Specialists, President of the ************************* of ************** ************s and President of the ******************** of ************** Economics Association.
His CV is also available at ************************************************************.
Ms. ******** asserts: Engaging in unfair business practices:
a. ****************** grossly overcharged me,retaining a $5,000 fee without providing the promised vocational services.
b. Furthermore, *** Vocational Systems refused to refund the unearned portion of my retainer after I terminated ********************* services. Moreover, I was billed for services that were never rendered, including research, report preparation, and case management and coordination of services. Despite my concerted efforts to address these concerns directly with *** Vocational Systems, the company has failed to provide a satisfactory resolution.
*** Responds:
On March 16, 2023 ******************Attorney at Law representing Ms. ******** in her marital dissolution requested *** Vocational Systems perform a Vocational Assessment of Ms. ********s wage earning capacity.
************ specifically asked, as confirmed to Ms. ******** via email on May 11, 2023 I asked him to perform an evaluation of your career options, make recommendations for your future employment paths, estimate your anticipated future earnings.
************ and his firm have retained *** on 21 separate dissolution matters between 2004 and 2023 (including after Ms. ********** case closed).
As we informed Ms. ******** in writing via email on June 12, 2023, July 8, 2023 and February 29, 2024 (*********** her attorney was included on a number of emails until Ms. ******** requested he be removed):
Further, the facts of this referral are as follows:
*** date of referral was March 16, 2023, and the last date of service was May 9, 2023. ***re were a total of 12.5 hours invoiced on this case with a refundable retainer back to the evaluee (Ms. ********) for $1600.00 which was sent by check to her on May 10, 2023 in care of her attorney ************. Ms.******** has acknowledged receiving the $1,600.00 check.
Engagement began at the date of referral. *** standard *** Vocational Systems, *** Statement of Understanding Regarding Retainer for ************ Services letter was presented by ****************** to ************. *** retainer letter states, Thank you contacting *** Vocational Systems *** in this Family Law matter. This letter confirms our understanding in regard to your retention of our services on this file.
Relevant medical/rehabilitation, employment/earnings or other information will be required as part of our work. We request to interview and/or test the client if this is possible.Further, we would like to understand the time frames that must be met. We shall, as deemed necessary, do periodic phone/email contact with you regarding case status.
Further, you agree to promptly notify *** (the individual counselor you are working with) if a motion in limine is filed by opposing counsel attempting to exclude admission of part or all of their testimony. Additionally, you agree to forward that motion to the counselor and receive their input for a timely response.
*** balance of the letter sets forth our requirements with respect to our billing practices and procedures, and our normal fee and charges for services.
Our professional fees are as described in the attached rate sheet.
A $5,000 retainer is required before work commences ($850 is non-refundable).Please make the check payable to *** Vocational Systems, ***., and remit within 15 days. Once the fees for professional services have exceeded the retainer amount, we will require an additional refundable retainer. Should work on this case not consume the retainer amount, a refund of the remaining amount will be made within 30 days of written notice of case conclusion. We will be sending the invoice summaries electronically, please provide an email address for sending invoices
Payment of the standard $5000.00 retainer was received from Ms. ******** on April 14, 2023.
Our records reveal that at her request and without charge, a sample redacted report was sent to Ms. ******** on March 21, 2023 as an example of the methodology,contents, research and what the product would likely look like.
Time was spent by ****************** in subsequent emails on April 7 and April 11, 2023 that involved communication and coordination with ************ and Ms. ********. Ms. ******** presented a 3 page resume to ****************** for review and analysis of her earning capacity.
*** first date of billing on this case was not until April 12, 2023, which was also the first date of ******************** 1.5 hour interview with Ms. ********. Subsequent to the intake interview, occupational and wage research was conducted on multiple occasions. ***se services were detailed in our standard itemized billing statements.
****************** conducted a follow up interview on May 1, 2023 with Ms. ********. Post this second interview, additional research was completed.
*** interviews,research, analysis and beginning opinion/report preparation process is a standard practice in the preparation for an opinion and eventual final report in a litigated matter. Ms. ******** was not charged for a final report, as no draft or final report was completed prior to her request to cease work on May 10, 2023. Although it is important to note preparation for that report was ongoing up until that time by ******************.
*** trajectory of the work product and flow of analysis was in accordance with the usual and customary practice within our specialized field. *** documented research,analysis and report preparation process by ****************** substantiate the billing amounts.
Of note is the redacted report provided by ****************** to Ms. ******** at her request as an illustration.Review of this past report reveals the totality of the process in that matter to be 19.8 hours to complete that final report.
In this matter,12.5 hours were spent prior to Ms. ******** requesting services cease and thus no draft or final report was completed. No time was billed to Ms. ******** after her request to cease work.
It is our opinion ******************** time is substantiated and appropriate; as well as in accordance with our usual and customary practice, methodology and code of ethics.
As noted above, ****************** is well credentialed,board certified and a leader in our field as documented in his CV. He, as all vocational counselors at *** Vocational Systems, ***., follow standard methodology in performing our work.
Regarding Ms.********s assertion in prior emails, that:"****************** did not inquire about my career interests or do any vocational assessments", his file reveals she herself indicated, "I would like to practice as a patent attorney at a law firm where I get exposure to multiple technologies." This statement belies her assertion.
*** reader should be aware that the court requires an assessment of wage earning capacity, not simply based on interest, but ability and capacity to earn and consistent with Mr. ***** stated request for services to perform an evaluation of career options, make recommendations for future employment paths, estimate anticipated future earnings.
She was informed interests are only part of the standard vocational assessment process in a dissolution matter per the courts requirements.
We have repeatedly attempted to help Ms. ******** understand the nature of our work and expertise despite her discontent. We believe Ms. ********s discontent is related to her expected outcome of ******************** opinion, and not his inability to perform his work as he has previously demonstrated over a 40 year career and over 50 legal dissolution assessments.
We responded to Ms. ******** on July 8, 2023 It may be helpful for you to understand that a vocational assessment is a determination of an individual's ability to work and earn money; their wage earning capacity. *** standard methodology requires an understanding of an individual's age, education, employment experience, and earnings combined with any limitations they may have which may impede their ability to work and wage earning capacity. Wage earning capacity can be defined as the wage that an individual is capable of earning based on a number of factors, such as education, work history, training, experience, physical capacity, the labor market and geographic area. Vocational Experts rely on a holistic mixture of quantitative and qualitative analyses, integrated with knowledge of the world of work, vocational education and training, combined with clinical judgment. Through the use of well researched and time-tested vocational techniques that have been relevant and reliable, Vocational Experts can provide objective information to calculate wage earning capacity associated with divorce and prepare individuals involved in dissolution for the realities of their ability to work and earn wages.
****************** was in the process of following this methodology when services were terminated by you. ****************** was not able to complete his assessment and report as you terminated the process prematurely.
We are concerned that Ms. ******** also may have violated HIPAA by discussing a separate evaluee's report (See below, redaction made for purposes of this response) without their written consent.
In her June 20, 2023 email to us Ms. ******** described reviewing a prior report on another dissolution matter and inappropriately published this persons name without their expressed consent. I have reviewed the report that ************************* provided for REDACTED NAME in a REDACTED case, and I noticed that her report identified vocational assets and liabilities, ****************** inquired into her client's areas of interest and administered appropriate testing to assess Ms. REDACTED NAME's abilities.
Ms. ******** did not indicate how she acquired this confidential report.
*** notion that she reviewed a report another expert authored in a separate dissolution case also indicates that expert was able to complete the assessment and report without premature termination as occurred in Ms. ********s case.
Ms. ******** was further informed, We do not have the liberty of not following proper methodology in these matters. ***** times the results, when not allowed to follow to completion, may appear unsatisfactory, however we find nothing in ********************** file to indicate he did not follow proper methodology, document his activities as invoiced, or fail to provide professional services as we have at *** Vocational Systems, ***. for over 42 years.
His services were prematurely terminated by Ms.******** and no billing occurred after that time.
Lastly, as explained by ****************** to Ms. ********* the *** policy is that the remaining fees unused are refundable after $850.00, and the refund to Ms. ******** of $1,600.00 should have resolved this issue.
We find Ms. ********* complaint to be unfortunate,unfounded and spurious. *** Vocational Systems ***. has been providing high quality services for 43 years. To our knowledge this is the first complaint ever lodged. It is also important to note Ms. ******** is an experienced attorney, not a **** consumer in litigated matters such as a dissolution case.
We request a finding of unfounded complaint so as to not tarnish our reputation which we have worked so hard to maintain over the decades.
Respectfully submitted
************************************ MEd, CRC, CCM, CDMS and ***************************** MEd, CCM, ABVE-DCustomer Answer
Date: 04/17/2024
Complaint: 21511659
I am rejecting this response because:The response provided by *** Vocational Services is false.They claim that their long-standing presence in the business exonerates them from allegations of breach of contract, consumer fraud, unjust enrichment, and punitive damages. However, their conduct is outrageous, demonstrating a reckless indifference to my rights. The duration of their operation should not ***** them immunity from legal consequences. I will now address each point to expose the falsehood, misleading nature, and fraudulent intent behind their response.
1. Even though I am an attorney in the state of **********,despite doing all due diligence on my side, I became a victim of fraudulent practices perpetrated by *** Vocational Systems, a vocational training services company. In a way of due diligence, I received a recommendation for *** Vocational Systems from my attorney, from ****************** (the owner of *** Vocational Systems), and I also requested a sample of ****************** work.
2.********************** qualifications as an expert in state and federal courts in **********, ******, and ******, as well as his 40 years of experience as a vocational counselor, do not imply that he has experience working with individuals from my background. During our second meeting, he admitted his lack of understanding regarding my area of expertise when we discussed the two job postings he had emailed me before our second meeting. ********************* failure to comprehend my background should have been disclosed by him, a Certified Vocational Evaluation Specialist, to my attorney before I hired him. If I had been made aware of this information earlier, I would not have engaged his services. I conducted thorough due diligence based on my attorney's recommendation and assurances from ******************, the owner of *** Vocational Services. Once I realized his lack of knowledge in my area of expertise, I promptly terminated his services.
3.*** Vocational Services claims that a total of 12.5 hours were invoiced for this case, with a refundable retainer of $1,600 sent to me via check on May 10, 2023, through my attorney, ************.
First, let me address the issue of the $1,600 check. After my attorney communicated my intention to discontinue their services after our second meeting with ******************, *** Vocational Systems issued a check for $1,600 to my attorney, which had a 90-day expiration period. However, I received the check after it had already expired. Despite my request for a renewed $1,600 check in an email to *** Vocational Systems, **** on February 23, 2024, I was not provided with one. Initially, **************** offered to reissue the check. However, when I informed him that *** Vocational Systems owed me more than $1,600 and provided him with my analysis, they refused to issue a renewed check for $1,600. This refusal to refund the money they acknowledged as mine further demonstrates their breach of contract, consumer fraud, unjust enrichment, and warrants punitive damages.
4.I believe I have a valid claim against *** Vocational Services for breach of contract, consumer fraud, unjust enrichment, and punitive damages. Their conduct is outrageous, displaying a reckless indifference to my rights.
*** Vocational Services breached our contract when ***************** accepted my case outside of his competence, as he admitted during our second meeting and as evidenced by the charges made against my retainer. Here are the billing discrepancies:
The bill I received only accounted for 8.6 hours of service. It remains unclear why I was charged for 12.5 hours.
A substantial portion of my retainer (68%) was spent without any discussion of my vocational interests or an assessment of my abilities. In fact, during our engagement, we did not have a conversation about my vocational interests, and my vocational abilities were not tested at all. In an email dated 7/8/2023, ******************, the owner of *** Vocational Systems, revealed that part of their company methodology is to assess a client's vocational ability,which would have been done if I had not terminated ****************** prematurely. It is important to note the use of the premature termination argument to justify the lack of vocational evaluation and testing. How is it that *** Vocational Systems, **** retained the full amount of my retainer when the essential work for which they were retained was completely absent? It is a consumer fraud for a vocational counselor with 40 years of experience to use a 68% without any discussion of my educational background, vocational interests, or testing my vocational abilities. ********************* only source of information was one resume I provided before our first meeting, tailored for a specific job opportunity.
In his response, ****************, another owner of *** Vocational Systems, alleged that I presented a 3-page resume to ****************** for review and analysis of my earning capacity. Even though I emailed ****************** my resume in accordance with his request before our first meeting, it does not make sense if an experienced vocational adviser analyzes earning capacity of a client without any discussion of clients vocational interests or an assessment of his clients vocational abilities in violation of *** Vocational Systems policies, as both **************** and ****************** admitted.
I only had two meetings with ******************. Our initial meeting lasted for 65 minutes (contrary to ******************** response claiming 1.5 hours). During this meeting, I provided detailed information about my life situation. Following the meeting, I promptly emailed ****************** a summary of our discussion per his request. Prior to our second meeting on May 1, 2023 (49 minutes), ****************** sent me two job postings that did not align with my background, suggesting that we will discuss them further during our second meeting.However, I received the bill for the following services:
3.8 hours of research time totaling $1,033.60: Since my vocational interests were never assessed or discussed during our engagement, it appears that this research, for which ****************** charged me, was conducted to educate himself about my area of expertise. According to the Code of Professional Ethics for Certified Vocational Evaluation Specialists,professionals should only charge for reasonable hours of service, research,consultation, and administrative work. Learning at the expense of the client, as stated in the case ********** of ******************************** ************************, 43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), is entirely inappropriate.
1.7 hours for report preparation amounting to $462.40.
However, before our first meeting with ******************, my attorney instructed ****************** not to prepare a report.
Here is an email from my attorney to me where he explained me what was discussed with ****************** before I retained ******************.
From: ********************
Sent: Thursday, May 11, 2023 12:57 PM
To: **************************;*******************
Cc: ************************;**************************
Generally, we discussed: the scope of his work (I asked him to perform an evaluation of your career options, make recommendations for your future employment paths, estimate your anticipated future earnings). I told him a good evaluation was one that will help in court, but that would also be a good path for the client to actually follow. I provided him a little background about the case. We talked about deadlines and timing, concerns about the other attorney or party being aggressive or difficult. We discussed the possibility of testimony. I suggested we begin with a verbal report followed by a written report if we thought the cost of writing up a report would be worthwhile and the need to disclose opinions.
********************
Partner
He/Him
******** ******, LLP
***********************************************************************************************
********************** Dir: ************
www.wechslerbecker.comTel: ************
Importantly, in an email dated July 8, 2023,****************** (the owner of *** Vocational Systems) admitted that ****************** did not prepare any report for me and insisted that I was not charged for a report as no report was completed. Yet, in the invoice provided by *** Vocational Systems, I was charged $462.40 for report preparation.
Below is an excerpt from the letter of ****************** where she confirmed that I was not charged for the report as no report was completed.
On Sat,Jul 8, 2023 at 5:42?PM <**********************> wrote:
Dear Ms. **************** **************** and I have reviewed your email of June 20,2023. Thank you for sharing your concerns.
It may be helpful for you to understand that a vocational assessment is a determination of an individual's ability to work and earn money; their wage earning capacity. The standard methodology requires an understanding of an individual's age, education, employment experience, and earnings combined with any limitations they may have which may impede their ability to work and wage earning capacity. Wage earning capacity can be defined as the wage that an individual is capable of earning based on a number of factors, such as education, work history, training, experience, physical capacity, the labor market and geographic area. Vocational Experts rely on a holistic mixture of quantitative and qualitative analyses, integrated with knowledge of the world of work, vocational education and training, combined with clinical judgment. Through the use of well researched and time-tested vocational techniques that have been relevant and reliable,Vocational Experts can provide objective information to calculate wage earning capacity associated with divorce and prepare individuals involved in dissolution for the realities of their ability to work and earn wages.
****************** was in the process of following this methodology when services were terminated by you. ****************** was not able to complete his assessment and report as you terminated the process prematurely.
As stated previously ****************** did not draft a report -"The intake, research and analysis is a standard practice in the preparation for an opinion and eventual report. You were not charged for a report as no report was completed." ****************** was preparing to draft a report, and share his recommendations verbally when you terminated services.
We wish you well.
Sincerely
************************* & *********************
Owners, *** Vocational Systems, ****
Additionally, I was charged 1 hour of ********************** time for the review of my file, amounting to $272. My file contained a 2 1/2-page write-up about my life situation, which we discussed during our first meeting, and my 2 and page resume, and 2-page letter from a legal recruiter. According to case law, a professional should not be compensated at their regular rates for time performing tasks such as organizing case files, revisiting, and finalizing documents.
Moreover, I was charged $408 for 1.5 hours of ********************** time at a rate of $272 per hour for case management and coordination of services. In the case ********** of ******************************** ************************, 43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), the court mandates distinguishing between professional work and clerical work that can be accomplished by a clerk. According to case law, a professional should not be compensated at their regular rates for time performing clerical tasks. Instead, they should be compensated at the rate for clerical employees or not compensated at all if the task falls under overhead. This includes tasks such as organizing case files, revisiting, and finalizing documents.
According to ******************** response, "Subsequent to the intake interview, occupational and wage research was conducted on multiple occasions. These services were detailed in our standard itemized billing statements. ****************** conducted a follow-up interview on May 1, 2023, with Ms. ********* After this second interview, additional research was completed.The interviews, research, analysis, and beginning of the opinion/report preparation process are standard practices in the preparation for an opinion and eventual final report in a litigated matter. Ms. ******** was not charged for a final report, as no draft or final report was completed prior to her request to cease work on May 10, 2023. However, it is important to note that preparation for that report was ongoing until that time by ******************." I do not understand why the report preparation continued despite my attorney's request not to prepare a report. Why should I pay for work that my attorney specifically instructed ****************** not to perform, and yet he allegedly proceeded with it?
Furthermore, in his response, **************** explained,"Relevant medical/rehabilitation, employment/earnings, or other information will be required as part of our work. We request to interview and/or test the client if this is possible. Further, we would like to understand the timeframes that must be met. We shall, as deemed necessary, have periodic phone/email contact with you regarding case status."
The charges for 12.5 hours of ********************** time appear to be consumer fraud, especially considering that ******************, a vocational expert with 40 years of experience, charged 68% of my retainer based solely on one line in my resume tailored for a specific job without any further discussion.****************** never interviewed me about my vocational interests or tested my vocational abilities. Additionally, he charged me for report preparation despite my attorney's specific request not to prepare a report.
**************** mentions in his response, "Regarding Ms.********** assertion in prior emails that '****************** did not inquire about my career interests or do any vocational assessments,' his file reveals that she herself indicated, 'I would like to practice as a patent attorney at a law firm where I get exposure to multiple technologies.' This statement contradicts her assertion." Yes, I provided my 2 and 1/4-page resume to ****************** before our first meeting, which included an objective line stating, "I would like to practice as a patent attorney at a law firm where I get exposure to multiple technologies." So, I was charged $5,000 based solely on one line in this resume without any further vocational discussion or testing? When ****************** requested a sample of my resume before our first meeting, I provided a tailored version of my resume for the specific job posting. Tailoring resumes to specific job applications is a recommended practice. However, according to the owners of *** Vocational Systems, ****, an objective line from one of the many jobs I applied to cannot replace a conversation with a client and vocational testing, both of which are essential. It raises the question of why the vocational assessment and testing were skipped in my case and how it can be deemed reasonable to charge a lion's share of my retainer without first performing this essential step. Furthermore, they admit that they did not earn the remaining portion of the retainer after the check they issued had expired.
**************** provides further clarification: "The reader should be aware that the court requires an assessment of wage-earning capacity,not simply based on interest, but the ability and capacity to earn." Yet,both my interests and capacity to earn were solely assessed from the objective line of one resume I emailed to ****************** before our first meeting.
**************** also mentioned that "We believe Ms.********** discontent is related to her expected outcome of ********************** opinion, and not his inability to perform his work, as he has previously demonstrated over a 40-year career and over 50 legal dissolution assessments." This statement is completely false. How could ****************** form an opinion without conducting a vocational evaluation and assessment,which was never performed in my case and was solely based on one line in the resume I emailed to him before we met?
**************** also mentioned that "they are concerned that I may have violated HIPAA by discussing a separate *******'s report (See below,redaction made for purposes of this response) without their written consent.
In her June 20, 2023, email to us, Ms. ******** described reviewing a prior report on another dissolution matter and inappropriately published this person's name without their express consent. 'I have reviewed the report that ************************* provided for REDACTED NAME in a REDACTED case,and I noticed that her report identified vocational assets and liabilities. ***************** inquired into her client's areas of interest and administered appropriate testing to assess Ms. REDACTED NAME's abilities.
Ms. ******** did not indicate how she acquired this confidential report." However, I obtained this report by reading it at the **********************. It is important to note that the owners of *** Vocational Systems, **** are blaming me for a HIPAA violation because I mentioned their prior client's name in a private email to them. However, it was *** Vocational Systems, ****, not me, who made their client's report publicly available. This public dissemination of private information, which was shared with them for vocational evaluation purposes and not for public disclosure, occurred due to *** Vocational Systems, ****'s privacy violation.
"The notion that she reviewed a report another expert authored in a separate dissolution case also indicates that the expert was able to complete the assessment and report without premature termination as occurred in Ms. ********** case," continues **************** in his response. However,this report was prepared by ******************, not by ******************. It is important to note the use of the premature termination argument to justify the lack of vocational evaluation and testing. How is it that *** Vocational Systems, ****retained the full amount of my retainer when the essential work for which they were retained was completely absent?
Furthermore, **************** continued, "the *** policy is that the remaining fees unused are refundable after $850.00, and the refund to Ms. ******** of $1,600.00 should have resolved this issue." As I explained before, the check for $1,600 has expired, and the owners of *** Vocational Systems, **** have refused to provide a new check. Moreover, I explained above why the charges for $3,600 are fraudulent. Additionally, they should not be able to keep $850 because ****************** lacked the necessary experience to handle my case, despite having 40 years of experience in the field. For example, an attorney with 40 years of experience in criminal law might still lack the competence to handle a tax matter.
Next, I believe that *** Vocational Systems, **** are liable for fraud because ****************** represented in her email to my attorney that ****************** is qualified to work on my case in order to induce me to retain their services,and that *** Vocational Systems, **** had no intention of fulfilling these representations because they knew that ****************** lacks competence to take my case.
Here is Ms. ******** letter to my attorney before I retained *** Vocational Systems, ****
From: ********************** <**********************>
Sent: Monday, March 13, 2023 2:14 PM
To: ******************** <**********************>
Cc: ************************* <************************************;
Subject: RE: Ms. ********************
Thank you for reaching out.
I am not currently taking on new cases at this time.
I can refer you to one of my colleagues ***************************, *************************, ***********************,*********************, or ***************** in our office.
They are all equally qualified and experienced rehabilitation counselors/case managers.
Best,
*****
****************************, MEd
(She/Her pronouns)
**********************
*** Vocational Systems ****
*****************************************************************
************ direct dial
************ fax
*******************************
To maintain a cause of action for fraud, a party must sufficiently plead the following elements:
1. Representation of an existing fact;
2. Materiality of the representation;
3. Falsity of the representation;
4. The speaker's knowledge of its falsity;
5. The speaker's intent that it be acted upon by the plaintiff;
6. Plaintiff's ignorance of the falsity;
7. Plaintiff's reliance on the truth of the representation;
8. Plaintiff's right to rely upon it; and
9. Resulting damage.
The cases of **************** 130 Wn.2d 486, 505, 925 P.2d 194 (1996), and ****** v. State, 110 Wn.2d 415, 425, 755 P.2d 781 (1988), affirmed on rehearing, 113 Wn.2d 148, 153, 776 P.2d 963 (1989), support these principles. ********************** letter constituted a material representation that significantly influenced my decision to retain ******************. However, it became apparent that ****************** lacked experience working with clients who have a background similar to mine. I justifiably relied on ********************** representation, resulting in not only the loss of valuable time before my mediation but also falling victim to a $5,000 fraud committed by *** Vocational Systems, ****
I also assert that *** Vocational Systems, **** has violated the Washington Consumer Protection Act by:
Engaging in an unfair or deceptive act or practice by retaining $5,000 without providing vocational evaluation and testing;
Conducting such act or practice in the course of its trade;
Affecting the public interest through this act or practice;
Causing injury to my property; and
Acting as a proximate cause of my injury.
Furthermore, ****************** represented that ****************** was qualified to handle my case. However, he depleted my retainer without providing any vocational evaluation or testing. Additionally, *** Vocational Systems,**** issued a refund check that was insufficient and expired within 90 days,and they have refused to provide a fair refund or a substitute for the expired check.
Lastly, I believe that I am entitled to punitive damages due to the outrageous conduct displayed by *** Vocational Systems, ****, which demonstrates a reckless indifference to my rights.
Sincerely,
*********************Customer Answer
Date: 04/17/2024
Complaint: 21511659
I am rejecting this response because:The response provided by *** Vocational Services is false.They claim that their long-standing presence in the business exonerates them from allegations of breach of contract, consumer fraud, unjust enrichment, and punitive damages. However, their conduct is outrageous, demonstrating a reckless indifference to my rights. The duration of their operation should not ***** them immunity from legal consequences. I will now address each point to expose the falsehood, misleading nature, and fraudulent intent behind their response.
1. Even though I am an attorney in the state of **********,despite doing all due diligence on my side, I became a victim of fraudulent practices perpetrated by *** Vocational Systems, a vocational training services company. In a way of due diligence, I received a recommendation for *** Vocational Systems from my attorney, from ****************** (the owner of *** Vocational Systems), and I also requested a sample of ****************** work.
2.********************** qualifications as an expert in state and federal courts in **********, ******, and ******, as well as his 40 years of experience as a vocational counselor, do not imply that he has experience working with individuals from my background. During our second meeting, he admitted his lack of understanding regarding my area of expertise when we discussed the two job postings he had emailed me before our second meeting. ********************* failure to comprehend my background should have been disclosed by him, a Certified Vocational Evaluation Specialist, to my attorney before I hired him. If I had been made aware of this information earlier, I would not have engaged his services. I conducted thorough due diligence based on my attorney's recommendation and assurances from ******************, the owner of *** Vocational Services. Once I realized his lack of knowledge in my area of expertise, I promptly terminated his services.
3.*** Vocational Services claims that a total of 12.5 hours were invoiced for this case, with a refundable retainer of $1,600 sent to me via check on May 10, 2023, through my attorney, ************.
First, let me address the issue of the $1,600 check. After my attorney communicated my intention to discontinue their services after our second meeting with ******************, *** Vocational Systems issued a check for $1,600 to my attorney, which had a 90-day expiration period. However, I received the check after it had already expired. Despite my request for a renewed $1,600 check in an email to *** Vocational Systems, **** on February 23, 2024, I was not provided with one. Initially, **************** offered to reissue the check. However, when I informed him that *** Vocational Systems owed me more than $1,600 and provided him with my analysis, they refused to issue a renewed check for $1,600. This refusal to refund the money they acknowledged as mine further demonstrates their breach of contract, consumer fraud, unjust enrichment, and warrants punitive damages.
4.I believe I have a valid claim against *** Vocational Services for breach of contract, consumer fraud, unjust enrichment, and punitive damages. Their conduct is outrageous, displaying a reckless indifference to my rights.
*** Vocational Services breached our contract when ***************** accepted my case outside of his competence, as he admitted during our second meeting and as evidenced by the charges made against my retainer. Here are the billing discrepancies:
The bill I received only accounted for 8.6 hours of service. It remains unclear why I was charged for 12.5 hours.
A substantial portion of my retainer (68%) was spent without any discussion of my vocational interests or an assessment of my abilities. In fact, during our engagement, we did not have a conversation about my vocational interests, and my vocational abilities were not tested at all. In an email dated 7/8/2023, ******************, the owner of *** Vocational Systems, revealed that part of their company methodology is to assess a client's vocational ability,which would have been done if I had not terminated ****************** prematurely. It is important to note the use of the premature termination argument to justify the lack of vocational evaluation and testing. How is it that *** Vocational Systems, **** retained the full amount of my retainer when the essential work for which they were retained was completely absent? It is a consumer fraud for a vocational counselor with 40 years of experience to use a 68% without any discussion of my educational background, vocational interests, or testing my vocational abilities. ********************* only source of information was one resume I provided before our first meeting, tailored for a specific job opportunity.
In his response, ****************, another owner of *** Vocational Systems, alleged that I presented a 3-page resume to ****************** for review and analysis of my earning capacity. Even though I emailed ****************** my resume in accordance with his request before our first meeting, it does not make sense if an experienced vocational adviser analyzes earning capacity of a client without any discussion of clients vocational interests or an assessment of his clients vocational abilities in violation of *** Vocational Systems policies, as both **************** and ****************** admitted.
I only had two meetings with ******************. Our initial meeting lasted for 65 minutes (contrary to ******************** response claiming 1.5 hours). During this meeting, I provided detailed information about my life situation. Following the meeting, I promptly emailed ****************** a summary of our discussion per his request. Prior to our second meeting on May 1, 2023 (49 minutes), ****************** sent me two job postings that did not align with my background, suggesting that we will discuss them further during our second meeting.However, I received the bill for the following services:
3.8 hours of research time totaling $1,033.60: Since my vocational interests were never assessed or discussed during our engagement, it appears that this research, for which ****************** charged me, was conducted to educate himself about my area of expertise. According to the Code of Professional Ethics for Certified Vocational Evaluation Specialists,professionals should only charge for reasonable hours of service, research,consultation, and administrative work. Learning at the expense of the client, as stated in the case ********** of ******************************** ************************, 43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), is entirely inappropriate.
1.7 hours for report preparation amounting to $462.40.
However, before our first meeting with ******************, my attorney instructed ****************** not to prepare a report.
Here is an email from my attorney to me where he explained me what was discussed with ****************** before I retained ******************.
From: ********************
Sent: Thursday, May 11, 2023 12:57 PM
To: **************************;*******************
Cc: ************************;**************************
Generally, we discussed: the scope of his work (I asked him to perform an evaluation of your career options, make recommendations for your future employment paths, estimate your anticipated future earnings). I told him a good evaluation was one that will help in court, but that would also be a good path for the client to actually follow. I provided him a little background about the case. We talked about deadlines and timing, concerns about the other attorney or party being aggressive or difficult. We discussed the possibility of testimony. I suggested we begin with a verbal report followed by a written report if we thought the cost of writing up a report would be worthwhile and the need to disclose opinions.
********************
Partner
He/Him
******** ******, LLP
***********************************************************************************************
********************** Dir: ************
www.wechslerbecker.comTel: ************
Importantly, in an email dated July 8, 2023,****************** (the owner of *** Vocational Systems) admitted that ****************** did not prepare any report for me and insisted that I was not charged for a report as no report was completed. Yet, in the invoice provided by *** Vocational Systems, I was charged $462.40 for report preparation.
Below is an excerpt from the letter of ****************** where she confirmed that I was not charged for the report as no report was completed.
On Sat,Jul 8, 2023 at 5:42?PM <**********************> wrote:
Dear Ms. **************** **************** and I have reviewed your email of June 20,2023. Thank you for sharing your concerns.
It may be helpful for you to understand that a vocational assessment is a determination of an individual's ability to work and earn money; their wage earning capacity. The standard methodology requires an understanding of an individual's age, education, employment experience, and earnings combined with any limitations they may have which may impede their ability to work and wage earning capacity. Wage earning capacity can be defined as the wage that an individual is capable of earning based on a number of factors, such as education, work history, training, experience, physical capacity, the labor market and geographic area. Vocational Experts rely on a holistic mixture of quantitative and qualitative analyses, integrated with knowledge of the world of work, vocational education and training, combined with clinical judgment. Through the use of well researched and time-tested vocational techniques that have been relevant and reliable,Vocational Experts can provide objective information to calculate wage earning capacity associated with divorce and prepare individuals involved in dissolution for the realities of their ability to work and earn wages.
****************** was in the process of following this methodology when services were terminated by you. ****************** was not able to complete his assessment and report as you terminated the process prematurely.
As stated previously ****************** did not draft a report -"The intake, research and analysis is a standard practice in the preparation for an opinion and eventual report. You were not charged for a report as no report was completed." ****************** was preparing to draft a report, and share his recommendations verbally when you terminated services.
We wish you well.
Sincerely
************************* & *********************
Owners, *** Vocational Systems, ****
Additionally, I was charged 1 hour of ********************** time for the review of my file, amounting to $272. My file contained a 2 1/2-page write-up about my life situation, which we discussed during our first meeting, and my 2 and page resume, and 2-page letter from a legal recruiter. According to case law, a professional should not be compensated at their regular rates for time performing tasks such as organizing case files, revisiting, and finalizing documents.
Moreover, I was charged $408 for 1.5 hours of ********************** time at a rate of $272 per hour for case management and coordination of services. In the case ********** of ******************************** ************************, 43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), the court mandates distinguishing between professional work and clerical work that can be accomplished by a clerk. According to case law, a professional should not be compensated at their regular rates for time performing clerical tasks. Instead, they should be compensated at the rate for clerical employees or not compensated at all if the task falls under overhead. This includes tasks such as organizing case files, revisiting, and finalizing documents.
According to ******************** response, "Subsequent to the intake interview, occupational and wage research was conducted on multiple occasions. These services were detailed in our standard itemized billing statements. ****************** conducted a follow-up interview on May 1, 2023, with Ms. ********* After this second interview, additional research was completed.The interviews, research, analysis, and beginning of the opinion/report preparation process are standard practices in the preparation for an opinion and eventual final report in a litigated matter. Ms. ******** was not charged for a final report, as no draft or final report was completed prior to her request to cease work on May 10, 2023. However, it is important to note that preparation for that report was ongoing until that time by ******************." I do not understand why the report preparation continued despite my attorney's request not to prepare a report. Why should I pay for work that my attorney specifically instructed ****************** not to perform, and yet he allegedly proceeded with it?
Furthermore, in his response, **************** explained,"Relevant medical/rehabilitation, employment/earnings, or other information will be required as part of our work. We request to interview and/or test the client if this is possible. Further, we would like to understand the timeframes that must be met. We shall, as deemed necessary, have periodic phone/email contact with you regarding case status."
The charges for 12.5 hours of ********************** time appear to be consumer fraud, especially considering that ******************, a vocational expert with 40 years of experience, charged 68% of my retainer based solely on one line in my resume tailored for a specific job without any further discussion.****************** never interviewed me about my vocational interests or tested my vocational abilities. Additionally, he charged me for report preparation despite my attorney's specific request not to prepare a report.
**************** mentions in his response, "Regarding Ms.********** assertion in prior emails that '****************** did not inquire about my career interests or do any vocational assessments,' his file reveals that she herself indicated, 'I would like to practice as a patent attorney at a law firm where I get exposure to multiple technologies.' This statement contradicts her assertion." Yes, I provided my 2 and 1/4-page resume to ****************** before our first meeting, which included an objective line stating, "I would like to practice as a patent attorney at a law firm where I get exposure to multiple technologies." So, I was charged $5,000 based solely on one line in this resume without any further vocational discussion or testing? When ****************** requested a sample of my resume before our first meeting, I provided a tailored version of my resume for the specific job posting. Tailoring resumes to specific job applications is a recommended practice. However, according to the owners of *** Vocational Systems, ****, an objective line from one of the many jobs I applied to cannot replace a conversation with a client and vocational testing, both of which are essential. It raises the question of why the vocational assessment and testing were skipped in my case and how it can be deemed reasonable to charge a lion's share of my retainer without first performing this essential step. Furthermore, they admit that they did not earn the remaining portion of the retainer after the check they issued had expired.
**************** provides further clarification: "The reader should be aware that the court requires an assessment of wage-earning capacity,not simply based on interest, but the ability and capacity to earn." Yet,both my interests and capacity to earn were solely assessed from the objective line of one resume I emailed to ****************** before our first meeting.
**************** also mentioned that "We believe Ms.********** discontent is related to her expected outcome of ********************** opinion, and not his inability to perform his work, as he has previously demonstrated over a 40-year career and over 50 legal dissolution assessments." This statement is completely false. How could ****************** form an opinion without conducting a vocational evaluation and assessment,which was never performed in my case and was solely based on one line in the resume I emailed to him before we met?
**************** also mentioned that "they are concerned that I may have violated HIPAA by discussing a separate *******'s report (See below,redaction made for purposes of this response) without their written consent.
In her June 20, 2023, email to us, Ms. ******** described reviewing a prior report on another dissolution matter and inappropriately published this person's name without their express consent. 'I have reviewed the report that ************************* provided for REDACTED NAME in a REDACTED case,and I noticed that her report identified vocational assets and liabilities. ***************** inquired into her client's areas of interest and administered appropriate testing to assess Ms. REDACTED NAME's abilities.
Ms. ******** did not indicate how she acquired this confidential report." However, I obtained this report by reading it at the **********************. It is important to note that the owners of *** Vocational Systems, **** are blaming me for a HIPAA violation because I mentioned their prior client's name in a private email to them. However, it was *** Vocational Systems, ****, not me, who made their client's report publicly available. This public dissemination of private information, which was shared with them for vocational evaluation purposes and not for public disclosure, occurred due to *** Vocational Systems, ****'s privacy violation.
"The notion that she reviewed a report another expert authored in a separate dissolution case also indicates that the expert was able to complete the assessment and report without premature termination as occurred in Ms. ********** case," continues **************** in his response. However,this report was prepared by ******************, not by ******************. It is important to note the use of the premature termination argument to justify the lack of vocational evaluation and testing. How is it that *** Vocational Systems, ****retained the full amount of my retainer when the essential work for which they were retained was completely absent?
Furthermore, **************** continued, "the *** policy is that the remaining fees unused are refundable after $850.00, and the refund to Ms. ******** of $1,600.00 should have resolved this issue." As I explained before, the check for $1,600 has expired, and the owners of *** Vocational Systems, **** have refused to provide a new check. Moreover, I explained above why the charges for $3,600 are fraudulent. Additionally, they should not be able to keep $850 because ****************** lacked the necessary experience to handle my case, despite having 40 years of experience in the field. For example, an attorney with 40 years of experience in criminal law might still lack the competence to handle a tax matter.
Next, I believe that *** Vocational Systems, **** are liable for fraud because ****************** represented in her email to my attorney that ****************** is qualified to work on my case in order to induce me to retain their services,and that *** Vocational Systems, **** had no intention of fulfilling these representations because they knew that ****************** lacks competence to take my case.
Here is Ms. ******** letter to my attorney before I retained *** Vocational Systems, ****
From: ********************** <**********************>
Sent: Monday, March 13, 2023 2:14 PM
To: ******************** <**********************>
Cc: ************************* <************************************;
Subject: RE: Ms. ********************
Thank you for reaching out.
I am not currently taking on new cases at this time.
I can refer you to one of my colleagues ***************************, *************************, ***********************,*********************, or ***************** in our office.
They are all equally qualified and experienced rehabilitation counselors/case managers.
Best,
*****
****************************, MEd
(She/Her pronouns)
**********************
*** Vocational Systems ****
*****************************************************************
************ direct dial
************ fax
*******************************
To maintain a cause of action for fraud, a party must sufficiently plead the following elements:
1. Representation of an existing fact;
2. Materiality of the representation;
3. Falsity of the representation;
4. The speaker's knowledge of its falsity;
5. The speaker's intent that it be acted upon by the plaintiff;
6. Plaintiff's ignorance of the falsity;
7. Plaintiff's reliance on the truth of the representation;
8. Plaintiff's right to rely upon it; and
9. Resulting damage.
The cases of **************** 130 Wn.2d 486, 505, 925 P.2d 194 (1996), and ****** v. State, 110 Wn.2d 415, 425, 755 P.2d 781 (1988), affirmed on rehearing, 113 Wn.2d 148, 153, 776 P.2d 963 (1989), support these principles. ********************** letter constituted a material representation that significantly influenced my decision to retain ******************. However, it became apparent that ****************** lacked experience working with clients who have a background similar to mine. I justifiably relied on ********************** representation, resulting in not only the loss of valuable time before my mediation but also falling victim to a $5,000 fraud committed by *** Vocational Systems, ****
I also assert that *** Vocational Systems, **** has violated the Washington Consumer Protection Act by:
Engaging in an unfair or deceptive act or practice by retaining $5,000 without providing vocational evaluation and testing;
Conducting such act or practice in the course of its trade;
Affecting the public interest through this act or practice;
Causing injury to my property; and
Acting as a proximate cause of my injury.
Furthermore, ****************** represented that ****************** was qualified to handle my case. However, he depleted my retainer without providing any vocational evaluation or testing. Additionally, *** Vocational Systems,**** issued a refund check that was insufficient and expired within 90 days,and they have refused to provide a fair refund or a substitute for the expired check.
Lastly, I believe that I am entitled to punitive damages due to the outrageous conduct displayed by *** Vocational Systems, ****, which demonstrates a reckless indifference to my rights.
Sincerely,
*********************Business Response
Date: 04/18/2024
Please see the attached additional information which was submitted regarding Ms. ********** complaint to the office of the Attorney General, ***************************** After review of our response, the ** responded today that "this Complaint has been closed."
The additional information attached gives further background as to our response to Ms. ********** unfounded accusations and our recommendation of a re-issuance of the $1,600.00 refund check she is due.
Further, regarding the Attorney General complaint, Ms. ******** emailed us on April 17, 2024 requesting "Please reissue the $1,600.00 refund. Kindly mail it to ***********************************." We intend to do so as apparently the original payment has expired.
We hope this matter can resolve at this time.
***********************************, MEd, CRC, CCM, CDMS and ****************************, MEd, CCM, ABVE-D
OSC Vocational Systems Inc.
************************************
************
************ faxCustomer Answer
Date: 04/19/2024
Complaint: 21511659
I am rejecting this response because:Response:
OSC Vocational Systems, **** response is untrue. The **************************** closed my complaint, as their process is to facilitate a response from business. They wrote to me: We realize you may not consider this response a satisfactory resolution to your complaint; however, the ************************ cannot compel a business to respond or to make an adjustment in resolution of a dispute. Your complaint has been closed accordingly.
We regret that we are unable to provide further assistance to you regarding this complaint. If you would like to pur*** the matter further,you may wish to contact a private attorney.
The Washington ********************* (****) offers research tools to locate private attorneys in your area by offering listings for each *********************** You may access the ********************** listing on the **** website at ****************************************************************************.
If you cannot afford an attorney, and have a non-criminal legal problem, you may qualify for assistance from the ** Justice Projects CLEAR Coordinated Legal Advice. They may be reached Toll Free at ************** or online at the following website: ************************************************ addition, if you are 60 or over, you may call CLEAR SENIOR at ************** regardless of income.
Despite closing the complaint, ** *********************** left my complaint for further evaluation whether to pur*** an action against OSC Vocational Systems, **** for consumer fraud. Importantly, ** *********************** advised me to pur*** legal action and provided recommendations for legal resources, which I fully intend to follow.
OSC Vocational Systems, **** provided false and inconsistent information to both the Better Business Bureau and the ****************************. Initially, they claimed to have conducted vocational evaluation,testing, research, and prepared a report. They stated, "We do not have the liberty of not following proper methodology in these matters." However, in their response to the ** Attorney General, they suggested that there was no need to test me, stating that "Ms. ********* as a lawyer with a law degree, does not require testing of her academic achievement abilities or aptitudes as she has demonstrated high levels of both." It is important to note that this contradicts their earlier statement that they must follow proper methodology in these matters.
Furthermore, after filing complaints with the Better Business Bureau and the ** Attorney General and expressing my intention to *** them for punitive damages due to their outrageous conduct, OSC Vocational Systems responded to the ** Attorney General's complaint with an offer to refund $1,600. However, when I inquired about the refund in my email dated March 1, 2024, they refused to provide it. Below is the email where I initially requested the refund:
**************************;<*******************> Mar 1, 2024, 8:00?AM
to ****, *****, ****
****************:
Thank you for your email. I want to clarify that I am not making any disparaging comments. I am simply sharing my story, and if my truthful account happens to reflect negatively on your business, it is not my intention. However, if we are unable to amicably resolve this dispute before March 8, 2024, I do intend to share this story with the **************************** and the Better Business Bureau.
Let me outline my position: I paid $5,000 and had two meetings with ******************. During our second meeting, he admitted that he does not understand my area of expertise.Immediately after this revelation, I informed my attorney that we should terminate ********************** services. As an organization with 43 years of experience and a well-established reputation for professionalism and ethical work, it would have been fair if ****************** disclosed to my attorney, before I hired him, that he lacks understanding in my area of expertise. If this information had been provided, I would not have hired him. Instead, it seems ****************** chose to "fake it until he makes it" while charging exorbitant fees against my retainer.
I have done all the due diligence possible on my side: your company was recommended by my attorney, I asked for a sample of ******************** work product, and I received assurances from ****************** regarding ********************** abilities. As soon as I realized that ****************** was not knowledgeable, I terminated his services.
******************* your co-owner, has argued that I assumed the risk by hiring ****************** after he provided a sample of his work that does not showcase his vocational skills.However, this work sample was for a client in different circumstances, who was terminally ill and responsible for caring for her minor children. In that specific situation, it might have been reasonable to forgo a vocational assessment since the client was not planning to return to work. Additionally, I relied on ********************** recommendation to hire ******************* as she is an owner of an organization with 43 years of experience and a well-established reputation for professionalism and ethical work.
In addition to being charged for two meetings with ********************* was also billed for the following:3.8 hours of research time totaling $1,033.60 and 1.7 hours for report preparation amounting to $462.40. However, in an email dated 7/8/2023, ***************** admitted that ****************** did not prepare any report for me.Importantly, my attorney, when he met with ******************* instructed ****************** not to prepare any report. Why am I being charged for the report then?
Furthermore, ****************** acknowledged in the same email that part of your methodology is to assess a client's vocational ability, and the assessment would have been made if I had not terminated him prematurely. I find it perplexing that the majority of my retainer was spent without ever testing my vocational abilities or discussing my vocational interests. ****************** conducted research without discussing my educational background, vocational interests, or testing my vocational abilities. The only information he had was one resume tailored for a specific job opportunity. Is it reasonable for a fully licensed vocational advisor with experience working for an organization with 43 years of experience and a well-established reputation for professionalism and ethical work to spend 68%of a client's retainer without discussing her vocational interests or testing her abilities?
Thus, it occurs to me that the research, for which ****************** charged me $1,033.60 was done to educate ****************** about my area of expertise. According to the case Law Office of ******************************** ************************* 43 Misc. 3d 1205 (A) (N.Y.Civ.Ct. 3/31/2014), it is stated that it is entirely inappropriate for a professional to learn their craft at the expense of their client. What concerns me further is that when I brought this to your attention, you insisted on keeping an unearned portion of my retainer.
Furthermore, I was charged 1 hour of ********************** time for the review of my file, amounting to $272. I would appreciate clarification on what this review entails. Does it refer to my resume? Additionally, I was charged $408 for 1.5 hours of ********************* time at a rate of $272 per hour for case management and coordination of services. In the case Law Office of ******************************** *************************43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), the court mandates distinguishing between professional work and clerical work that can be accomplished by a clerk. According to case law, a professional should not be compensated at their regular rates for time performing clerical tasks. Instead,they should be compensated at the rate for clerical employees or not compensated at all if the task falls under overhead. This includes tasks such as organizing case files, revisiting, and finalizing documents.
Therefore, I was charged for 3.8 hours of research without ever assessing my vocational abilities or taking about my vocational interests, 1.7 hours of report preparation, which was not prepared and that my attorney specifically instructed ****************** not to prepare, and 2.1 hours for the review of my file, and other clerical work at ****************** regular rate, regardless of the fact that the court mandated against charging for clerical work at the regular rate. Despite the invoice showing charges for 8.6 hours of ********************** time, I was charged for 12.5 hours of his time. The invoice is attached to this email for your reference.
I am prepared to pay for the time I spent meeting with ******************. However, I believe the rest of the charges are improper and require a refund of $4,456. Please inform me once the payment has been sent. You can mail it to the following address: REDUCTED. I have scheduled a report to be filed with the ** Attorney General and the Better Business Bureau on Friday, March 8, but I can halt the process as soon as the payment is on its way.
Sincerely,
*****
It is important to note that OSC Vocational Systems, ****'s position is unsupported by any evidence. Despite being in business for a long time and having other clients who have not complained about them, they misrepresented my response to them. Following their response to the ** Attorney General, where they claimed to have provided all the mentioned services to me,I followed up with the aforementioned email.
**************************;<*******************> Wed, Apr 17, 1:29?PM (2 days ago)
to ****, *****, ****
**************** and ******************
1. Please reis*** the $1,600.00 refund. Kindly mail it to REDUCTED ADDRESS.
I request the following information for which I was charged:
1. Please provide me with the research I was charged for, which amounted to 3.8 hours of research time totaling $1,033.60.
2. Please provide me with the draft of the report, for which I was charged 1.7 hours amounting to $462.40.
3. Please provide me with a copy of my file, for which I was charged 1 hour, amounting to $272.
4. Please provide me with the records of case management and coordination of services, for which I was charged $408 for 1.5 hours of ********************** time at a rate of $272 per hour.
5. Please provide me with multiple emails and notes of the two lengthy interviews, along with records of the evaluation of my vocational abilities and vocational testing that you asserted in the response to the ** Attorney General complaint that you possess.
6. Please provide me with records where I shared my interests with ******************.
7. Please provide me with records of ********************** intake notes, research, and analysis.
8. Please provide the 16 pages of detailed information about my background, experience, training,potential prospects, and job search efforts, as mentioned in your response to the ** Attorney General.
9. Please provide me with ********************** file, which includes an additional 10 pages of research.
10. Please provide the invoice that precedes the one I attached, as mentioned in your answer to the ** Attorney General complaint. I have not received a preceding invoice from your company, which should include the initial intake interview and ********************** work, totaling an additional 3.9 hours for a complete total of 12.5 hours of work in this matter.
11. Please provide records of ********************** 'case management/analysis' and 'coordination of services' in communicating with me, as you asserted they were provided.
12. Please provide records and notes of the 1.5-hour interview that took place on April 12, 2023,including ********************** notes about my background, education, training, and interests. According to my notes, the first meeting lasted 65 minutes, and we did not discuss my vocational interests. Please include ********************** notes regarding this meeting.
13. Please provide me with ********************** analysis and process of preparing the verbal report.
Thank you for your prompt attention to these matters.
*********************
Importantly, I have yet to receive a response from them.Over the past year, my efforts to obtain a clear explanation of the work they performed for me, for which they retained my $5,000, have been met with only vague and contradictory answers. Additionally, OSC Vocational Systems, ****exposed my address in their response, thereby revealing my private information.This constitutes a violation of my privacy.
On April 17, 2023, Washington state enacted the My Health My Data Act in response to requests from ** Attorney General, ***********************. Under this act, a violation is considered an "unfair or deceptive act in trade or commerce." Private individuals have the right to enforce this act,similar to other violations of the Washington Consumer Protection Act. As such,I am entitled to attorney fees, actual damages, and treble damages of up to $25,000.
It is crucial to note that I also discovered both the vocational assessment and evaluation conducted by OSC Vocational Systems, ****for their previous client, which exposed all of her protected medical data to the public domain.
There could be many reasons why other people were unable to lodge complaints against this organization previously. Some may have been going through a divorce, facing challenging times, or not in a position to defend themselves. However, I am fully prepared to take action and expose this organization that defrauded me.
Sincerely,
*********************Business Response
Date: 04/21/2024
We have reviewed Ms. ********* two most recent letters to you purporting we are intentionally providing false and untrue information. We strongly disagree with this disparagement of our credibility. Our information is factual.
Ms. ******** writes that she was advised to pur*** legal action by the ************************* however the document quoted belies this. The actual language is below.
We realize you may not consider this response a satisfactory resolution to your complaint;however, the ************************ cannot compel a business to respond or to make an adjustment in resolution of a dispute. Your complaint has been closed accordingly.
We regret that we are unable to provide further assistance to you regarding this complaint. If you would like to pur*** the matter further, you may wish to contact a private attorney.
The Washington ********************* (****) offers research tools to locate private attorneys in your area by offering listings for each *********************** You may access the ********************** listing on the **** website at ****************************************************************************.
If you cannot afford an attorney, and have a non-criminal legal problem, you may qualify for assistance from the ** Justice Projects CLEAR Coordinated Legal Advice. They may be reached Toll Free at ************** or online at the following website: *********************************************. In addition, if you are 60 or over, you may call CLEAR SENIOR at ************** regardless of income.
OSC Response:
This is not advising her to pur*** legal action. The AGs language clearly states, Your complaint has been closed accordinglyWe regret that we are unable to provide further assistance to you regarding this complaint. If you would like to pur*** the matter further, you may wish to contact a private attorney.
Ms. ******** has altered the clear meaning of the AGs statement.
The letter we received from the AGs office is attached in full.
Ms. ******** accuses us of providing false and inconsistent information to both the BBB and the ** Attorney Generals Office.
OSC Response:
We have never altered our position, or provided false or inconsistent information. Unfortunately this can not be said of Ms. *************** She has repeatedly misquoted documents to suit her narrative, altered wording to mislead the reader, and as noted above gave less than accurate interpretation of the AGs own written word. Her comments at a minimum are disingenuous.
Attached you will also find the entirety of the email correspondence between Ms. ******** and OSC between May 10, 2023 and April 21, 2024 in an effort to be transparent and bring this matter to its rightful close.
There is selective reporting by Ms. ******** that can not go without response.Ms. ******** states in her Final Response to the BBB that Furthermore, after filing complaints with the Better Business Bureau and the ** Attorney General and expressing my intention to *** them for punitive damages due to their outrageous conduct, OSC Vocational Systems responded to the ** Attorney General's complaint with an offer to refund $1,600. However, when I inquired about the refund in my email dated March 1, 2024, they refused to provide it.
OSC Response:
Ms. ******** is again misleading the reader with a false narrative. Ms. ******** was is***d the refund of $1,600.00 on May 10, 2023. She acknowledges receiving this check in the email correspondences attached. Again at a minimum she is being disingenuous.Business Response
Date: 04/27/2024
Dear Ms. ******** and the BBB
We have received the message dated April 22, 2024 indicating we need to issue a complaint response to Ms. ********s rejection of our offer to reissue the refund check.
We sincerely hope this addresses Ms. ********* request and concerns once and for all.
We responded to this on April 21, 2024 and uploaded to the BBB website the following:
Ms.********
We are in receipt of your email 4 days ago on April 17, 2024. Regarding your request for information, we will review and respond. 04/21/2024 03:02 PM Please note that a number of your requests are redundant, and others have been already provided to you in prior email correspondence. Regarding some of the documents you request, please recall these were provided to ****************** by you via email to him. For example on May 1, 2023 you forwarded 5 separate attachments for his review and analysis. Your email again misstates "case management"which as you see on the invoice is clearly "case management/analysis". This involves the mental cognitive process performed by the professional during case conceptualization, and is not a "document".Further, "report prep" as previously described to you in past emails,involved ****************** focusing on your situation, reviewing materials and formulating preliminary opinions to prepare the "verbal report" your attorney requested. You terminated ********************** services prior to that occurring. However, his process and preparation was invoiced to you reflecting the professional work he performed. Please recall you requested a sample redacted report of ********************** prior to beginning work with him. This prior report was reviewed, redacted, and emailed to you by ****************** on March 23,2023 without charge to you. After your review of his redacted report, you paid the required $5,000.00 retainer to OSC, and ****************** began to perform this evaluation. OSC will cancel the original refund check #**** (the remaining retainer balance of $1,600.00 which we agree is due to you). This check was originally sent to you on May 10, 2023. This check has not expired, however we will cancel payment and reissue a new check at your request. This will be mailed to the address provided
Further you have asked us to address the customers request for a reissue of the check and address the request for numerous different documents.
As you will see above, we responded to her request and informed her not all of her requests are actually documents but professional case management/analysis and part of mental cognitive activities of case conceptualization. This is similar to the medical model where a physician looks at information and then must use their specialized knowledge and professional judgment as part of formalizing their opinion. Also please recall that Ms. ********* divorce attorney *********************, who retained us as an expert in her dissolution matter requested a verbal report only at the time. Ms. ******** terminated services prior to the verbal report being given, however the work in preparing for that verbal report was invoiced to her through her attorney. The remaining $1,600.00 balance was refunded on May 10,2023. Ms. ******** acknowledged receiving this check in an email. According to our bank, ***** Fargo, the check remained viable. At Ms. ********* request for reissuance of a new check on April 17, 2024, we contacted the bank on April 23, ************************************************************************* the amount of $1,600.00 that same day. The check was mailed to the address Ms. ******** provided.
We will provide Ms. ******** the information she requests. Please see below
1. Please reissue the $1,600.00 refund. Kindly mail it to REDUCTED ADDRESS.
I request the following information for which I was charged:
Response: Check has been reissued and mailed to Ms. ********, original check has been cancelled.
1. Please provide me with the research I was charged for, which amounted to 3.8 hours of research time totaling $1,033.60.
Response: Research was conducted over multiple days for a total of 5 hours, and the following reflect the results:
*******, **
BLS/** ESD Mean
***yers $62.09 $69.59 $144,740
Paralegals and Legal Assistants $35.81 $37.00 $76,960
PINC 04 - Males, All Races, Worked Year Round
Cert $66,833
Prof *** $202,466
INDEED PARA (entry)
$17 - 25
***********, **
BLS Mean
***yers $61.05 $66.45 $138,210 Paralegals and Legal Assistants $29.10 $30.51 $63,470
PINC 04 - Males, All Races, Worked Year Round
Cert $66,833
Prof *** $202,466
Talk to recruiter or atty about hiring prxs; can start as paralegal promote to assoc atty?
Recruiters:
******* Recruting
Express
*** Dawgs
****** Half
GPAC
Jobot
LHH Recruitment Solutions
Legal Profile
******************************
License Number: 49757
License Type: ***yer
Eligible To Practice: Yes
License Status: Active
WSBA Admit Date: 10/9/2015
Contact Information
Public/Mailing Address: PO Box 9092
*****************-0092
*************
Email: *******************
Phone: **************
LEGAL SEARCH FIRMS
Major, ****** and ******
***********
***********************************************************************************************
***************
*******
************************************************************************************
***************
Interim Contracts Counsel (Part-Time and Remote)
Location *************, **********, ************* Category Contract Attorney
Location, (Remote Role) Responsibilities ***lude, Demonstrated ability to draft, review, and negotiate commercial contracts of various types including Partnership Agreements and Business-related agreements..
****** Legal Search
**************
In 2022, ****** Legal Search Placed Many Exceptional Attorneys Coast-to-Coast
In a busy 2022, ****** Legal Search partnered with companies and law firms nationwide to place top-tier lawyers. In 2023, we look forward to another productive year finding exceptional legal talent for our clients. Please click here to view just some of our representative attorney placements.
******* SEARCH PARTNERS
*********************************************
**************
**********************
FULL TIME AND TEMPORARY
LEGAL STAFFING & RECRUITING
*********************** specializes in recruiting and placing professionals in law firms and corporate legal departments and we are passionate about developing long-term relationship-based partnerships.
*****************
*********************
***********************************************
8 AM to 6 PM
Phone number
**************
Para legal /Legal Assist
60K-85K
Research-******************************* ****** of ******* ************************* approach to legal education is best expressed in the schools motto: Great in theory. Even better in practice. Youll get the classic law school classes here, but always paired with a practical skill. We are connected to the practice, and we are committed to offering students the maximum possible opportunity to do what real lawyers do while still in law school. We teach through skills courses and simulation exercises that mirror real-world situations, and through actual hands-on experience with real clients.
******************************* ****** of *** is accredited by the American Bar Association,Council of the Section of *************** and Admission to the Bar.
In the Classroom
Learn the fundamental cases, precedents, and legal analysis paired with skills training that allows a deeper understanding of the law and its practice.
In Simulated Practice
Learn the advocacy and problem-solving skills all lawyers need, and get deep understanding in advanced simulations.
In the Real World
Volunteer right away with the **************************** and work with clients through externships, clinics, and residencies.
Knowledge and Analysis
Explain and apply rules, principles, and procedures in foundational areas of law.
Problem Solving
Develop and implement strategies for solving law-related problems.
Communication
Communicate effectively in a professional manner appropriate for the audience,circumstances, and setting.
Research and **************************** and carry out a plan for legal research and factual investigation.
Professional and Ethical Responsibility
Recognize and act consistently with the ethical norms of the legal profession.
******************************* ****** of *** is built on a long, rich history of providing innovative, forward-thinking, and accessible legal education.
******************************* ****** of *** was formed in 2015 by the combination of ******************************* ******* of *** and Hamline University ****** of ***. This extraordinary union brought together two law schools that had shaped Minnesotas legal landscape for more than a combined ********************************************* the region and the top choice for motivated students who want to pursue a rigorous, practice-based legal education in a way that fits their lives.
Patent Associate - Junior to Mid-Level - *******
Save
***** *****************************
*******, **
An ideal candidate will have an entrepreneurial spirit and a desire to work with clients of all sizes and in a variety of industries
A technical background in computer technology is required
Only candidates with a CS, or BSEE degree, physics degree, or equivalent experience that are admitted to practice before the ***** as a patent attorney should apply
United States Patent and *************************** of ********** and Discipline (***)
A. CATEGORY A: Bachelor's ***ree, Masters ***ree or Doctor of Philosophy ***ree
in a Recognized Technical Subject. An applicant will be considered to have established to
the satisfaction of the *** Director that he or she possesses the necessary scientific and
technical training if he or she provides an official transcript showing that a Bachelor's
degree, Masters degree or Doctor of Philosophy degree was awarded in one of the
following subjects by an accredited United ************** or university, or that the
equivalent to a Bachelor's degree, Masters degree, or Doctor of Philosophy degree was
awarded by a foreign university in one of the following subjects:
Engineering Physics
Environmental Engineering
General Engineering
Genetic Engineering
Geological Engineering
********************************* Engineering
Materials Engineering
Mechanical Engineering
Metallurgical Engineering
Mining Engineering
Nuclear Engineering
******************************* Engineering
Textile Engineering
Biology
Biochemistry
Biological Science
Biophysics
Botany
Computer Science*
Electronics Technology
Food Technology
General ********************************* Technology
Materials Science
Microbiology
Molecular Biology
Neuroscience
Organic Chemistry
Pharmacology
Physics
Textile Technology
Aerospace Engineering
Aeronautical Engineering
Agricultural Engineering
Bioengineering
Biomedical Engineering
Ceramic Engineering
Chemical Engineering
Civil Engineering
Computer Engineering
Electrical Engineering
Electrochemical Engineering
Electronics Engineering
'A patent paralegal is someone who works on patent intellectual property matters under the supervision of licensed patent attorneys. Patent paralegals do not practice law, as they are not licensed attorneys, but they help in many aspects of patent legal matters.
A Patent Paralegal in your area (*******) makes on average $76,886 per year, or $1,979 (3%) more than the national average annual salary of $74,907. (Zip Recruiter)
Glass Door: The estimated total pay for a Patent Paralegal is $103,288 per year in ***************** area, with an average salary of $80,222 per year. These numbers represent the median, which is the midpoint of the ranges from our proprietary Total Pay Estimate model and based on salaries collected from our users. The estimated additional pay is $23,066 per year. Additional pay could include cash bonus, commission, tips, and profit sharing. The "Most Likely Range" represents values that exist within the 25th and 75th percentile of all pay data available for this role.
Salary.com: How much does a Patent Paralegal make in the *************? The average Patent Paralegal salary in the ************* is $76,709 as of , but the salary range typically falls between $68,916 and $85,656. Salary ranges can vary widely depending on many important factors, including education,certifications, additional skills, the number of years you have spent in your profession. With more online, real-time compensation data than any other website, Salary.com helps you determine your exact pay target.
Indeed: The average salary for a intellectual property paralegal is $97,108 per year in *****************. 509 salaries reported, updated at April 18, 2023
Seattle job openings: Para Cert 9 opens
MAY 2022 STB UPDATE
23-1011 ***yers ***** $67.36 $83.85 $174,420
23-2011 Paralegals and Legal Assistants ***** $35.58 $37.61 $78,230
25% ***yer -$ 87,210
Mean Paralegal or advertised hourly
employ opens to LS for discuss
Master of Legal Studies versus Master of ***s
October 1, 2014
With a number of legal degrees available, it can sometimes be confusing to prospective students as they try to understand the purpose and structure of each one. In this post, well compare the *** (Master of Legal Studies) and LL.M. (Master of ***s) degrees to help clear things up a bit.
The *** is a degree for nonlawyers. People from a variety of career fields generally obtain *** degrees in order to enhance their legal knowledge and advance their careers. *** students are generally not seeking to practice law or become attorneys.
An LL.M., on the other hand, is a degree for lawyers. Typically, they attend LL.M. programs to learn about the legal system of a particular country (e.g.@WashU***s online LL.M. in U.S. ***), or to develop specialized knowledge in a particular practice area (e.g. securities or taxation).
To further clarify the differences between the degrees, here are the details surrounding each one.
Master of Legal Studies (***) ***ree
Academic study. Courses in an *** program are generally the same as those taken by first-year **** students who want to become attorneys. Topics include legal research and writing, civil procedure, contracts, intellectual property and other central subjects. Courses are traditionally taken alongside **** candidates, who will then go on to two additional years of study before taking the bar exam and eventually becoming attorneys.
Admissions eligibility. *** programs are targeted at those who already have undergraduate degrees (subject area restrictions tend to not exist).
Career paths. An *** degree is useful in almost any career field. The key is whether or not knowledge of the law is helpful to that field. Some jobs, like those in criminal justice, legal journalism and human resources clearly have a large legal overlap. Others may be less deeply intertwined with the law, but professionals may still benefit from a greater understanding of law.
Cost. Equivalent to a single year of law school: $20,000-$50,000.
Length of program. One year, but may vary depending on the number of courses taken per term.
Who should seek it? An *** is an excellent degree for anyone seeking to advance their career, if their chosen field is interrelated with the law in a meaningful way. Some examples include executives in industries with heavy international or environmental involvement,university professors, compliance personnel and many more.
Master of ***s (LL.M.) ***ree
Academic study. An LL.M. is generally focused on the law of a particular jurisdiction or topic area (U.S. law, human rights, intellectual property, etc.). Attorneys/students select the LL.M. focus that is most relevant to their career goals.
Admissions eligibility.M. programs are available to those that already have a law degree, such as a **** or the international equivalent.
Career paths. An LL.M. opens up the career paths an attorney can take. Armed with specialized knowledge, attorneys can expand their practice internationally, or serve entirely new client bases with their new expertise.
Cost. Equivalent to a year of law school: $20,000-$50,000.
Length. One year, but may vary depending on the number of courses taken per term.
Who should pursue it? LL.M. programs are best for attorneys who want to develop their careers and serve new client bases (or serve existing client bases better). For example, if an attorney wanted to become an advocate for international human rights, an LL.M. on that topic would be a great step in the right direction.
In general, the difference between an *** and an LL.M. is that an *** is for nonlawyers, while an LL.** is for attorneys. Each program serves different student types with different goals and credentials. Be sure to do your research to determine which program and degree is the best fit for you.
Request more information today about @WashU***s online *** and LL.M. degree programs
Full (12 months, 40 credit hours) or Part-Time (up to 6 years)
2. LL.M. in Intellectual Property ******* Language
English
Intakes
Fall
Duration
24 months
Tuition
$45,054
Features
Students may take up to six years to complete the program.
****************************************
Intellectual Property LL.M.
Learn ** law in the heart of *******
The UW ****** of *** is located in one of the world's premier regions for intellectual property production. From aviation to software industry pioneers,from biomedical research centers to game developers, ******* is a hub for creative minds and entrepreneurial spirit.
Training ***yers
The ** LL.M. program provides specialized training in intellectual property law, training lawyers to provide legal counsel for scientists, engineers,computer programmers, artists, musicians and writers who hope to change the world through creative work. Students gain expertise in protecting inventions,works of authorship, trademarks and trade secrets, while acquiring advanced skills in advising clients in commercializing intellectual property and litigating intellectual property cases.
Focus on your interests
The ** LL.M. program enables students to explore intellectual property from a variety of perspectives following their interests. Some students will examine the use of intellectual property in the software or biotech industries, while others will learn about its role in research and development or focus on intellectual property in the context of international trade or its impact on public health.
Join an International Community
******* is a multinational city and that is reflected in the ** LL.M. program.Each year students from ****, the ********, ****** and ****** gather here to study intellectual property law, enriching the learning experiences of all through their unique perspectives. In the course of the program students form a close-knit community and a lifelong network of professional colleagues from around the globe.
Curriculum
The ** LL.M. curriculum is balanced equally between practical and theoretical education. Students can tailor their curriculum from more than 30 intellectual property specialty courses, and our outstanding professors and experienced adjunct faculty impart their knowledge and practical experience
*******************************
**************************************
Box ************************-3020
**************
************
Curriculum
Students in the Intellectual Property *** & Policy LL.M. program must satisfy both Graduate ****** and UW ****** of *** requirements. Full-time students can typically complete the course of study within one nine-month academic year. The LL.M. degree requires completion of 40 course credits, 30 of which must be **. International students interested in taking the ******** or Washington state bar examination should anticipate taking between ***** quarter hours of course credit to complete the requirements of the LL.M. degree and the ********, ********** or Washington state bar examination. An additional quarter of study is strongly recommended for students seeking to sit for the bar.
Requirements
Trademark & Trade Secret *** (P502)4 credits
Copyright *** (P507) 3 credits
Patent *** (P508) 3 credits
American Legal Systems and Method (B550)4 credits [requirement for international students]
Advanced Writing Project (4 credits of ** law and policy-related coursework graded primarily based on an advanced legal writing project that requires advanced skills in writing, drafting,analysis, or research, including writing projects done as part of a seminar course or approved practicum.).
Approved elective courses
Advanced **
Advanced Copyright *** Seminar (P522) 3 credits
Advanced Patent *** Seminar (P545) 3 credits
Advanced Trademark Seminar (P546) 3 credits
Intellectual Property in ********* (P543) 3 credits
International Intellectual Property (P505) 2 credits
Intellectual Property Theory, (P520), 3 credits
** in Industry Context
Bio-entrepreneurship and the *** (B570)3 credits
Entertainment *** (P535) 3 credits
Legal, Ethical and Social Issues in Public Health Genetics (H504) 3 credits
Legal Protection of Computer Software (P547) 3 credits
Legal Issues in Museums (E562) 4 credits
Music *** & Policy Practicum (P536)3 credits
Privacy *** (E544) 2 credits
Topics in *** and Medicine (H510) 4 credits
** in Other Disciplines
Advanced Writing Seminar in ** *** &Policy (P510) 4 credits
Antitrust and ** Rights (P509) 3 credits
Antitrust *** and Policy (A552) 4 credits
Economic Analysis of Intellectual Property (P504) 3 credits
Genetics and the *** (H520) 2 credits
International Contracting (B516) 4 credits
*** and Economics (A561) 4 credits
***, Technology and Development (P539) 2 credits
Medical Malpractice (H502) 3 credits
Taxation of Intellectual Property (T545)2 credits
Taxation of E-Commerce (T547) 4 credits
** in Practice
Drafting Intellectual Property Licenses (P577) 3 credits
Entrepreneurial *** Clinic (E523) 3 credits each quarter
Intellectual Property Practicum (P528)1-4 credits
Litigation Strategies for Protection of Technology (P548) 3 credits
Strategic Intellectual Property Commercialization (P552) 3 credits
Patent Prosecution (P550) 4 credits
Patent Prosecution and Counseling Practicum (P551) 4 credits
Technology *** & ******************** (E554) 4 credits each quarter
Transnational Intellectual Property *** and Theory (P506) 3 credits
Advanced Trademark Practice (P590) 2 credits
Intellectual Property Licensing (P590) 2 credits
** Appellate Advocacy (P590) 2 credits
Transnational ** Enforcement (P590) 2 credits
Note on other courses: Students are allowed to take courses outside of the list of approved electives including basic American law classes in order to satisfy the ******** or Washington Bar Exam requirements and courses outside of the law school with approval of the Director.
2. Please provide me with the draft of the report,for which I was charged 1.7 hours amounting to $462.40.
Response: As stated above the there was no written report. The 1.7 hours reflects the specialized knowledge and mental cognitive process of preparing to provide a verbal report to Ms. ********* divorce attorney ************, which involved synthesizing information, including the information above.
3. Please provide me with a copy of my file, for which I was charged 1 hour, amounting to $272.
Response: Ms. ******** was not charged 1 hour for a copy of her file. The file contains the documents Ms. ******** provided to ****************** as well as his research. Invoices do not reflect an hour charged in this regard.
4. Please provide me with the records of case management and coordination of services, for which I was charged $408 for 1.5 hours of ********************** time at a rate of $272 per hour.
Response: ****************** performed 1.3 total hours of case management/analysis, again a mental cognitive process on the professional level and the .3 hours of coordinate services which was between ******************, Ms. ******** and her divorce attorney ************, that required his time.
5. Please provide me with multiple emails and notes of the two lengthy interviews, along with records of the evaluation of my vocational abilities and vocational testing that you asserted in the response to the ** Attorney General complaint that you possess.
Response: Ms. ******** has all of the emails between her and *****************, however these and additional emails to or from her divorce attorney *********** are also provided here:
Sent:Tuesday, April 11, 2023 10:33 PM
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
From: ********************* <*******************>
To:********************
cc:**************
Subject: Re:OSC Retainer
Please find my resume attached. Thanks.
Best regards,
*****
On Tue, Apr 11, 2023 at 9:42?PM ********************* <*******************> wrote:
Thank you very much. I am looking forward to our meeting tomorrow.
Best regards,
*****
On Tue, Apr 11, 2023 at 9:24?PM <***********************; **************** I can meet at 2:30. The same link should work.
Sent from HCL Verse
****** ******** --- Re: OSC Retainer ---
From: "****** ********"<*******************>
To: **************
Cc: ********************
Date: Tue, Apr 11, 2023 7:56 PM
Subject: Re: OSC Retainer
Dear ****,
I am terribly sorry! Unfortunately, I am double scheduled for tomorrow at 1.30
pm. Could we meet at noon or 2.30 pm instead. Please let me know. I cannot do
1.30 pm unfortunately.
Best regards,
*****
On Fri, Apr 7, 2023 at 10:03?AM <*****************************; ************** morning Ms. ***************
****************** has asked that I provide you payment option for the $5,000 retainer
for your dissolution case and vocational assessment.
You can now easily make payment with our secure online options!
Please enter client name as "Client ID" and Retainer as "Invoice Number".
**********************************************************
If sending a check, please make payable to OSC Vocational Systems and mail to
the Bothell address in my signature line.
Please let me know if you have any questions.
Thank you!
Best Regards-
*****************************
Accounts Receivable
OSC Vocational Systems, ***
*********************************************************************************
******************
**************************
************** - **************************** & ******* Resume.pdf
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
Sent: Wednesday, April 12, 2023 1:13 PM
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
From: ******************** <**********************>
To:"********************" ***************************** *************************** <************************************;
Subject: RE:******************
The discovery cut-off is **** 5.
********************
Partner
He/Him
******** ******, LLP
****************************
**********************;
********************** Dir:************
www.wechslerbecker.comTel:************
From:******************** <***********************; ******************* April 12, 2023 1:10 PM
To: ******************* <**********************>; *************************
<************************************;
Subject:******************
I will be interviewing her via Zoom this afternoon. Are there any deadlines
approaching?
****
***********************, M.Ed., CRC, FVE, CEA
Rehabilitation Counselor/Case Manager
Economic Damage Calculations
OSC Vocational Systems
****************** ****************************************************************************************************** ********************
************ ************
Fax ************
www.osc-voc.com
Please be advised that I am fully vaccinated and able to conduct in person,
face - to -face meetings if desired, following CDC and State of Washington
guidelines;as well as telephonically or via video conference.
I will be away from office with limited response availabilty February *****;
March 2-3 and 23-24;May *****.
Smokeball Reference:
e8e2eb05-69b9-4b8c-9edc-03e00f240532/5db4babd-5ecc-4672-9e71-3ff90ed6da86.
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
Sent: Monday, May 01, 2023 7:58 AM
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
From: ********************* <*******************>
To:********************
Subject:Please find below the information that you requested
Dear ****.
Please find below the information that you requested. I appreciate your help.
Best regards,
**************** Search.docx - (10) ***************************** _ LinkedIn.pdf - Letter from a
legal recruiter - *********************.docx - Write up for Niel.docx - DR.pdf
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
Further, Ms. ******** misstates what we asserted to the ** Attorney General complaint she filed. Attached is her assertion and OSCs response:
Ms.******** asserts:
Importantly, in an email dated 7/8/2023, ******************, the owner of OSC Vocational Systems,revealed that part of their company methodology is to assess a client's vocational ability, and the assessment would have been made if I had not terminated ****************** prematurely. However, a major portion of my retainer (68%) was spent without discussing my educational background, vocational interests, or testing my vocational abilities. The only information ****************** had was one resume tailored for a specific job opportunity.
OSC Responds:
Again, this is inaccurate and misleading, as detailed below, the reader will find it was not one resumebut multiple emails and two lengthy interviews with Ms. ********.
Further, research is required to demonstrate to the court proper foundation for the experts opinion, not simply ipse dixit.
Ms. ********* concern about not having been provided vocational interests, or testing my vocational abilities is also without understanding of the process.
Ms. ******** as a lawyer with a law degree does not require testing of her academic achievement abilities or aptitudes as she has demonstrated high levels of both. Further as described below, Ms. ******** shared her interests with ******************. While interests are one facet to be considered, the court requires an opinion regarding wage earning capacity.
To have unnecessarily tested Ms. ********* academic and aptitude abilities would have added an unwarranted expense given her education and work history.
6. Please provide me with records where I shared my interests with ******************.
7. Please provide me with records of ********************** intake notes, research, and analysis.
Response: 6 and 7 responses are combined please see below which reflects ******************** review of 29 pages with Ms. ******** during the extensive interviews. These documents show his highlights and notes,not all pages reviewed with Ms. ******** had notes or highlights and are not included on the following 16 pages:Attached to this response.
8. Please provide the 16 pages of detailed information about my background, experience, training, potential prospects, and job search efforts, as mentioned in your response to the ** Attorney General.
Response: These 16 pages were provided by Ms. ******** to ****************** via email on May 1, 2023:
Sent:Monday, May 01, 2023 7:58 AM
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -
From: ********************* <*******************>
To:********************
Subject:Please find below the information that you requested
Dear ****.
Please find below the information that you requested. I appreciate your help.
Best regards,
**************** Search.docx - (10) ***************************** _ LinkedIn.pdf - Letter from a
legal recruiter - *********************.docx - Write up for Niel.docx - DR.pdf
Please find below the information that you requested.doc (22 KB)
Job Search.docx (20 KB)
10 ***************************** LinkedIn.pdf (829 KB)
Letter from a legal recruiter *********************.docx (16 KB)
Write up for Niel.docx (17 KB)
DR.pdf (60 KB)
9. Please provide me with ********************** file,which includes an additional 10 pages of research.
Response: these are detailed above in #2
10. Please provide the invoice that precedes the one I attached, as mentioned in your answer to the ** Attorney General complaint. I have not received a preceding invoice from your company, which should include the initial intake interview and ********************** work, totaling an additional 3.9 hours for a complete total of 12.5 hours of work in this matter.
Response:
Per our standard practice on any case which involves legal representation, all invoices were sent to you voa your divorce attorney ************ Please note the address on the invoice you apparently have not received from ************, which is provided below.
OSC VOCATIONAL SYSTEMS, INC. _
**********************,**************************,
Wechsler ****** LLP Invoice Number: 169735
Attn: ******************; Invoice Date: April 17, 2023
Attorney at ******* *********************************************; Case manager: ***********************
*******, ** 98104 Claimant: ********, ******
Claim number: CIVIL-14571DIV
Date Procedure Hrs/Miles/Fees Rate Charge
__________________________________________________________________________________________
4/12/2023 Intake Interview 1.5 272 408.00
4/14/2023 Labor Market Survey 0.5 272 136.00
4/14/2023 Retainer 1 -1060.8 -1060.80
4/14/2023 Letter to Referral Source 0.2 272 54.40
4/16/2023 Vocational Research 1.2 272 326.40
4/16/2023 *************** / Analysis 0.5 272 136.00
__________________________________________________________________________________________
This invoice is due and payable upon receipt Invoice Total: $0.00
Tax ID **********
Page 1 of 1
Please remit to:
OSC Vocational Systems, ***.
***** N.E. 185th *******, ** ***** * **************
Fax: **************
Email address: **************
11. Please provide records of ********************** 'case management/analysis' and 'coordination of services' in communicating with me,as you asserted they were provided.
Response: Please see #4 above
12. Please provide records and notes of the 1.5-hour interview that took place on April 12, 2023, including ********************** notes about my background, education, training, and interests. According to my notes, the first meeting lasted 65 minutes, and we did not discuss my vocational interests. Please include ********************** notes regarding this meeting.
Response: Please see responses to #6, 7 and 8 above including your interest initially raised at the top of your resume and in other places reviewed in the 29 pages of documents.
13. Please provide me with ********************** analysis and process of preparing the verbal report.
Response: Please see all of the above reflecting his application of his professional expertise and specialized knowledge.
We sincerely hope this addresses Ms. ********* request and concerns once and for all.******************************, MEd, CRC, CDMS, CCM and ****************************, MEd, CCM, ABVE/D
Customer Answer
Date: 05/01/2024
Complaint: 21511659
I am rejecting this response because:
1. You mentioned the "mental cognitive process performed by the professional during case conceptualization." However, it is highly unlikely that an ethical professional would take on a case they are incompetent to handle. Unfortunately, this is precisely what happened in my situation with ******************, who lacked the competency to handle my case.
2. Importantly, in an email dated 7/8/2023, ******************, the owner of OSC Vocational Systems, revealed that part of their company methodology is to assess a client's vocational ability, and the assessment would have been made if I had not terminated ****************** prematurely. No vocational professional would proceed with case conceptualization without inquiring about the client's career interests or conducting a standard vocational assessment, as you previously acknowledged. In my case, no vocational assessment or testing was performed, as confirmed by your response in N.12. You mentioned that ****************** used "my interests being raised at the top of my resume." Retaining 68% of the retainer based solely on an objective line from the resume I emailed prior to our first meeting is a clear case of consumer fraud. Furthermore, you admitted that ****************** completely neglected the standard procedure of vocational testing. Instead, he spent 68% of my retainer attempting, unsuccessfully, to gain an understanding of my area of expertise solely relying on the objective line from my resume, which he requested before our initial meeting.
3. The research ****************** conducted, which you provided, only serves to confirm what I suspected from the beginning: it was conducted to familiarize ****************** with my area of expertise. He simply copied and pasted information from the internet regarding my law license, law school, ************************ LLM program, paralegal salaries, and staffing agencies. I was already aware of this information, and it is unacceptable to charge my retainer for ********************** unsuccessful attempt to educate himself using my funds. According to the case ********** of ******************************** ************************, 43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), it is stated that it is entirely inappropriate for a professional to learn their craft at the expense of their client.
4. Regarding my request for the draft report, for which you charged my retainer $462.40, your response stating that ****************** synthesized the aforementioned unrelated information is concerning. How can you charge me for the synthesis of information that is completely unrelated to my vocational goals? Charging me $462.40 for the "synthesis" of unrelated information from the internet is fraudulent.
5. When you refer to ********************** "mental cognitive process," it reminds me of the fairytale "The Emperor's New Clothes" by ***********************************. In the story, two weavers deceive everyone into believing they have made a suit, when in reality, there is nothing there. Is there any tangible evidence to support your charges of $1,224 for ********************** cognitive process? Thus far, you have only provided his unrelated research, for which I was additionally charged $1,360.
6. Your company should be held accountable for fraudulent charges and unfair billing practices.
7. After realizing ********************** lack of competence, I terminated his services. However, he made multiple attempts to meet with my attorney afterward in an attempt to exhaust my retainer fully.
8. ******************, one of the owners of OSC Vocational Systems, ***** recommended ******************. However, in her private email to me, she mentioned that I assumed the risk by hiring ****************** despite the sample of his work not showcasing his vocational skills. However, in response to the Better Business Bureau and the Washington Attorney General, she claimed that ****************** is a leader in his field.
9. The private emails you provided in your response to the Better Business Bureau serve two purposes:
- They demonstrate that the content for which I was charged at ********************** regular rate is related to case management and coordination of services, rather than professional work. As per the case ********** of ******************************** ************************, 43 Misc. 3d 1205 (A) (N.Y. Civ.Ct. 3/31/2014), it is necessary to differentiate between professional work and clerical tasks that can be performed by a clerk. Professionals should not be compensated at their regular rates for clerical tasks but rather at the rate for clerical employees or not at all if the task falls under overhead.
- Importantly, they serve as a warning to prospective clients that your company is willing to disclose their private emails and make them public if they attempt to recover their retainers, which were retained through fraudulent means.
10.I have sent approximately ten emails since May 2023 seeking clarification on improper charges and requesting a refund of the unused portion of my retainer. You even withheld the $1,600 check that your company admitted was not earned until I filed a complaint with the Washington Attorney General and the Better Business Bureau.
11.The false, inconsistent, and unethical responses from the owners of OSC Vocational Services demonstrate that this company is determined to hold onto unearned retainers, fail to provide competent services, and expose clients' private information if they attempt to reclaim the unearned portion of their retainers.
I expect a prompt resolution to this matter, including a refund of the unjustly retained amount.
Sincerely,
*********************
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