Opinion 1261

[A lawyer proposed representing a high volume collection agency. The collection agency would keep computerized records regarding each debtor. The lawyer would not maintain individual case files, but would keep copies of all correspondence and pleadings delivered to his office. The lawyer would be able to review individual files at his client's office, or ask that a file be delivered to his office. The lawyer would sign demand letters and pleadings prepared by his client, based on forms drafted or approved by the lawyer. The lawyer would review a printout of the client's computer record before signing such documents. The lawyer would return signed documents to the client and not retain copies.] The Committee reviewed your inquiry regarding your relationship with a collection agency. The Committee is of the opinion that you could enter into the relationship as described by you provided that you know from the facts in each case that the debt is owing; you review before it is presented, and sign each before it is sent to the debtor or filed with the court; and that you exercise your own independent judgment in each case. Further the Committee was of the opinion that you would be required to disclose your relationship with your law firm on pleadings and correspondence.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.