Advisory Opinion:
1080
Year Issued:
1987
RPC(s):
RPC 4.1(a); 8.4(a); 8.4(c)
Subject:
Assisting unauthorized practice of law; collection agency sending letters over lawyer's name and with collection agency's address
The Committee considered your inquiry regarding your representation of a collection agency. The Committee understood that your client has requested that a system be developed whereby they would prepare letters to debtors which would be presented to you along with a computer list showing the names of the debtors, the client who claims the debt, and the amount of the alleged obligation. You would then authorize the collection agency to send out the letters over your printed name, although you would never physically see the actual letter itself.
The letter would bear an office address identifying it as your law office. However, the office would be maintained by an employee of the collection agency. While you would infrequently visit the office, it would in fact be entirely run by employees of the collection agency.
The Committee was of the opinion that, although you would review the names and facts relating to these collections, you would not in fact have been in a position to do any independent investigation regarding them nor would you physically be involved in these matters. The Committee concluded that what the collection agency would be doing would constitute the practice of law over your name. The Committee was further of the opinion that it would be misleading to the recipient of the letter to imply that the address and phone number shown on the letterhead was in fact your law office since if the recipient of the letter contacted that office they would in fact be speaking to an employee of the collection agency. The Committee felt that such a proposal would violate Rules 4.1(a), 8.4(a) and (c) of the Rules of Professional Conduct. The Committee also noted that there are some earlier Formal Opinions which relate to this issue which they asked that I enclose with this letter.
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