Can a lawyer review and sign complaints and pleadings that a collection agency prepares for the lawyer's clients?
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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiring lawyer met weekly with a collection agency and reviewed proposed matters for filing suit. The collection agency prepared complaints and other pleadings, which the lawyer reviewed and signed.
The committee was of the opinion that, under the facts set forth in the inquiry, the proposed relationship with the collection agency would be in compliance with the Rules of Professional Conduct.
The committee added a caution: the lawyer should be mindful of CR 11. The arrangement passed the conduct rules on the facts described, but the lawyer's signature on pleadings carries the obligations imposed by the civil rule on signing.
Currency note
This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. Later rule amendments, including the provisions on supervising nonlawyer assistants and on assisting the unauthorized practice of law, may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on anything mentioned here.
Common questions
Q: Can a collection agency draft the complaints and pleadings if the lawyer reviews and signs them?
A: Per the opinion, yes, on the facts described. The committee was of the opinion that the proposed relationship would be in compliance with the Rules of Professional Conduct.
Q: What did the committee flag as the limit?
A: The committee cautioned the lawyer to be mindful of CR 11, which governs the lawyer's obligations in signing pleadings.
Background and rules framework
The opinion did not cite a specific Rule of Professional Conduct. The committee assessed a lawyer's proposed arrangement with a collection agency that drafts pleadings the lawyer reviews and signs, the kind of relationship that raises questions about nonlawyer assistance and the unauthorized practice of law, and found the described arrangement in compliance with the rules. It directed the lawyer's attention to CR 11 (Washington Superior Court Civil Rule 11), which imposes duties tied to a lawyer's signature on pleadings.
Citations and references
The opinion cites no Rule of Professional Conduct.
Court rules:
- CR 11 (Washington Superior Court Civil Rule 11; signing of pleadings).
See also
- WSBA Ethics Op. 1116: a collection agency preparing pleadings on the lawyer's forms with file review and signature
- ABA Formal Op. 506: responsibilities regarding nonlawyer assistants
- ABA Formal Op. 08-451: outsourcing legal and nonlegal services
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=210
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1130
Year Issued: 1987
RPC(s):
Subject: Nonlawyer assistants; unauthorized practice of law; documents prepared by collection agency and signed by lawyer
[The lawyer met weekly with a collection agency and reviewed proposed matters for filing suit. The collection agency prepared complaints and other pleadings which the lawyer reviewed and signed.] It was the opinion of the Committee, under the facts set forth in your letter, that your proposed relationship with a collection agency would be in compliance with the Rules of Professional Conduct. However, the Committee also wished to caution you to be mindful about CR 11.
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