Can a lawyer let a client send collection form letters under the lawyer's name but with the client's return address?

Plain-English summary

An inquiring attorney had a client who wanted to send out form letters under the attorney's name but with the client's return address for collection purposes. The sample letters were in a series, each somewhat stronger in language than the previous one.

The committee concluded that a lawyer should never allow his name to be used in that described professional connotation by anyone, and that the proposed conduct would be degrading to, and an unwarranted commercialization of, the legal profession. It pointed to Canon 3, EC 3-6 of the Code of Professional Responsibility, which, while acknowledging and allowing the delegation of tasks to lay personnel, contemplates delegation as proper only when the lawyer maintains a direct relationship with the client, supervises the delegated work, and retains complete professional responsibility for the work product.

Currency note

This opinion was issued in 1970, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility (EC 3-6 and Canons 29, 35, and 47). A lawyer's responsibility for nonlawyer assistants is now addressed by Rule 4-5.3, and assisting the unauthorized practice of law by Rule 4-5.5. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a client send debt-collection letters on a lawyer's letterhead or under the lawyer's name?

A: Under this opinion, no, where the lawyer lets the client send the form letters under the lawyer's name with the client's own return address. The committee called that an unwarranted commercialization of the profession.

Q: Why did the delegation rule matter?

A: The committee read EC 3-6 to allow delegation to lay personnel only when the lawyer keeps a direct relationship with the client, supervises the work, and retains complete professional responsibility, which the proposed arrangement did not provide.

Background and rules framework

The opinion applied Canon 3 and EC 3-6 of the former Code of Professional Responsibility, addressing a lawyer's supervision of delegated work and use of the lawyer's name. Those subjects are now addressed by Rule 4-5.3 on nonlawyer assistants and Rule 4-5.5 on the unauthorized practice of law. The Model Rule analogues are Rule 5.3 and Rule 5.5.

Citations and references

Rules of Professional Conduct:

• Canon 3, EC 3-6; Canons 29, 35, 47 [Code of Professional Responsibility; supervision now in Rule 4-5.3]

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-70-27/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-70-27-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 70-27
August 20, 1970
Advisory ethics opinions are not binding.
It is unethical for a lawyer to allow a client to send out form letters under the attorney's name, but with the client's return address for collection purposes.
Canons: 29, 35 and 47
CPR: EC 3-6
Chairman Massey stated the opinion of the committee:
An inquiring attorney has a client who desires to send out form letters under the attorney's name but with the client's return address for collection purposes. The sample letters furnished are in a series, each somewhat stronger in language than the previous one.
A lawyer should never allow his name to be used in such a described professional connotation by anyone. The proposed conduct would be degrading to and an unwarranted commercialization of the legal profession. The Code of Professional Responsibility, Canon 3, EC 3-6, illustrates this conclusion wherein, although acknowledging and allowing delegation of tasks to lay personnel, it contemplates delegation as proper only when the lawyer maintains direct relationship with his client, supervises the delegated work, and has complete professional responsibility for the work product.