Stovall, WU Law School Team Up For Consumers

By TAWNYA ERNST
The Capital-Journal

The Washburn University Law Clinic and the Kansas attorney general's office have teamed up to assist consumers in mediating disputes that don't fall within the jurisdiction of the Kansas Consumer Protection Act.

Attorney General Carla Stovall announced the cooperative effort Thursday.

With the exception of student law clerks working in the attorney general's office, this is the first cooperative program between the law school and the attorney general's office, she said.

The relationship will allow the attorney general's office, which receives 5,000 written complaints and an additional 2,500 inquiries a year, to provide better service to a smaller caseload, Stovall said.

"Currently, each of my six investigators has an average of more than 350 open complaint files," she said. "Because of this, we felt that we could better serve Kansas consumers and businesses by concentrating solely on those cases which fall under the Kansas Consumer Protection Act."

Cases that fall under the act include those in which a supplier or business has engaged in deceptive practices.

The law clinic will handle complaints such as breach of contract, breach of warranty,shoddy workmanship and unsatisfactory service, she said.

The clinic, which his dealt with consumer mediation problems since 1984, would assist "Kansans who have complaints involving issues such as a newly shingled roof that leaks, a contractor who didn't finish building a room addition or a new refrigerator that doesn't work," Stovall said.

James Concannon, dean of the law school said he was pleased with the joint effort.

"We have long been committed to providing a wide range of lawyering skills to our students, this will give students a chance to hone skills they might otherwise only learn in class," he said.

Five legal interns trained in mediation are currently working on 40 case referrals from the attorney general's office, said Loretta Moore, a Washburn law professor. The first of the referrals was received two weeks ago, she said.

The program requires the consensus of all parties involved, she said. The interns will assist in gathering information for both sides, consider the issues involved and then help the parties explore options for resolving the dispute.

"Businesses so often want to resolve prob1ems, but sometimes personalities or the length of time get in the way." Moore said. "The mediation process tends to preserve the consumer and business relationship. Studies done in other areas around the country with the mediation program tend to indicate that upwards of 80 percent or more of these cases are resolved through mediation. The compliance rate is substantially higher than those who go through the legal system. This way both parties come out feeling it's a win-win situation."

Stovall issued the following tips to consumer's in time for next week, which is Consumer Protection Week:

Never pay for something you've won (if it costs money, you have not won), shop locally (even if it costs more, you can locate the company if you aren't satisfied with your purchase); avoid contests or sweepstakes requiring payment; never buy under pressure; check out charities with the Secretary of State or the Better Business Bureau before donating; never give personal or financial information to someone you don't know; seek advice from friends and family; avoid participating in telemarketing, mail order and giveaways if you don't want your name being sold to other telemarketers and mail order companies; get estimates and promises in writing; and never sign long-term or lifetime memberships unless you can terminate the membership at little or no cost.

In addition to consumer mediation the clinic, established in 1970, handles cases ranging from bankruptcy, landlord/tenant matters, driving under the influence defense, and Social Security to divorce, paternity and adoption.

For more information call the Washburn Law Clinic at 670-1191.

Photo by Nicole DeVito/The Capital-Journal
Photo caption: Attorney General Carla Stavall, at left, held a news conference Thursday with Loretta Moore, center, a professor at the Washburn University School of Law, and James Concannon, dean of the law school. Stovall announced a cooperative effort between the school and her office to resolve complaints filed by Kansas consumers.