Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-60

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-60

Collections: Procedure


You state you have been requested by a client to compose two sequel dunning letters under your law firm's letterhead. The client would then send these to delinquent debtors, with copies to your office. Only after unsatisfactory result of the second letter would you proceed with further legal action at the request of your client. Your inquiry is whether the above stated procedure is violative of the Maryland Rules of Professional Conduct.

  From the brief statement of circumstances contained in your inquiry, this Committee assumes the first two letters are to be styled in a manner to convey to the debtor that the letters are being sent by a lawyer, when in fact the client entirely controls when and to whom your form letter will be sent. While this deception may be viewed as inconsequential or immaterial to the transaction between your client and the debtor, and probably calculated to be of practical benefit to your client, this Committee must bring to your attention the following provision of the Maryland Rules of Professional Conduct:

Rule 1.2(d)

""A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent ....""

Further the terminology section of the Rules states: "" 'Fraud' or 'Fraudulent' denotes conduct having the purpose to deceive . . .""

  Therefore, this Committee is of the opinion your proposal would be violative of the Maryland Rules of Professional Conduct.

  Additionally, this Committee feels the proposed activity with your client constitutes a non-lawyer association with a lawyer and therefore is subject to the dictates of Rule 5.3. That rule mandates reasonable effects to ensure the nonlawyer's conduct is compatible with the professional obligations of the lawyer and makes the lawyer responsible for the non-lawyers conduct which amounts to a violation of the Maryland Rules of Professional Conduct.


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.