Sunday, November 16, 2014

New ABA Formal Opinion on prosecutors who allow debt collection companies to pretend the prosecutors' office backs them up

Astonishing that there should be a need for such advice.  The NJ Supreme Court Advisory Committee on Professional Ethics (on which I sit) barred "renting" letterhead by private lawyers.  But prosecutors!? - gwc
Professional Responsibility Blog: New ABA Formal Opinion on prosecutors who allow debt collection companies to pretend the prosecutors' office backs them up:
 "The ABA Standing Committee on Ethics and Professional Responsibility has issued a new Formal Opinion (No. 469).  You can read the full opinion here.  The summary speaks for itself:
A prosecutor who provides official letterhead of the prosecutor’s office to a debt collection company for use by that company to create a letter purporting to come from the prosecutor’s office that implicitly or explicitly threatens prosecution, when no lawyer from the prosecutor’s office reviews the case file to determine whether a crime has been committed and prosecution is warranted or reviews the letter to ensure it complies with the Rules of Professional Conduct, violates Model Rules 8.4(c) and 5.5(a).


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