TBA Law Blog

Posted by: Brittany Sims on Nov 12, 2014

District attorneys should not contract out their letterhead to private debt collection companies, who then use that official letterhead to scare consumers into paying debts, according to a piece in the ABA Journal. The article says that ABA Formal Ethics Opinion 469 released today explains that this practice violates ABA Model Rules against lawyer conduct involving dishonesty or misrepresentation and aiding or assisting others in the unauthorized practice of law. The opinion says that the conduct involves misrepresentation because it conveys the impression that the prosecutor’s office has reviewed the facts of the individual debtor’s case and has concluded that a crime has been committed.