Can a lawyer let a collection agency prepare pleadings on the lawyer's forms if the lawyer reviews the file and signs each document?
Apply this to your situation
This page answers the general question as of 1987. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned a lawyer's representation of a collection agency in which the agency would prepare legal documents, such as complaints, writs of garnishment, and answers, using forms the lawyer had prepared. The lawyer would then review each individual document and sign it after reviewing the individual file in each case.
Based on that information, the committee was of the opinion that the lawyer would be in compliance with RPC 5.3 and 5.5.
Currency note
This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 5.3 (responsibilities regarding nonlawyer assistants) and RPC 5.5 (unauthorized practice of law) correspond to Model Rules 5.3 and 5.5 and were later amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: Can a collection agency prepare the pleadings if a lawyer reviews and signs them?
A: Per the opinion, yes. The committee was of the opinion that with the lawyer's forms, the lawyer's review of each individual file, and the lawyer's signature on each document, the arrangement complies with RPC 5.3 and 5.5.
Q: What kept this from being unauthorized practice of law by the agency?
A: The committee tied its conclusion to the lawyer's involvement: the documents used the lawyer's forms, and the lawyer reviewed the individual file in each case before signing each document.
Background and rules framework
The opinion applies Washington RPC 5.3 (responsibilities regarding nonlawyer assistants) and RPC 5.5 (unauthorized practice of law), corresponding to Model Rules 5.3 and 5.5. The committee treated the agency's document preparation as permissible nonlawyer assistance because the lawyer supplied the forms and exercised case-by-case review and signature, rather than letting the agency practice law on its own.
Citations and references
Rules of Professional Conduct:
- Washington RPC 5.3 (responsibilities regarding nonlawyer assistants), corresponding to Model Rule 5.3.
- Washington RPC 5.5 (unauthorized practice of law), corresponding to Model Rule 5.5.
See also
- California COPRAC Op. 1982-068: a creditor-client's employees preparing demand letters on the lawyer's letterhead
- WSBA Ethics Op. 899: renting office space from a nonlawyer business that may be practicing law without a license
- Florida Bar Ethics Op. 59-41: a lawyer associating with a collection agency
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=196
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1116
Year Issued: 1987
RPC(s): RPC 5.3; 5.5
Subject: Nonlawyer assistants; unauthorized practice of law; documents prepared by collection agency and signed by lawyer
The Committee considered your inquiry concerning your representation of a collection agency in which the collection agency would prepare legal documents, such as complaints, writs of garnishment, answers, etc., using forms prepared by you. You would then review each individual document and sign them accordingly after reviewing the individual file in each case. Based upon that information, the Committee was of the opinion that you would be in compliance with RPC 5.3 and 5.5.
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