Can a lawyer review and sign complaints and pleadings that a collection agency prepares for the lawyer's clients?

Short answer The committee was of the opinion that, on the facts described, a proposed relationship in which a collection agency prepares complaints and pleadings that the lawyer reviews and signs after weekly review of matters for suit would comply with the Rules of Professional Conduct, but cautioned the lawyer to be mindful of CR 11.
Bar
WSBA
Issued
1987

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.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

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 Treat this page as historical context, not current guidance.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

Source

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.

What do the rules say today, for your facts?

This opinion is from 1987. Ezel checks the current Washington Rules of Professional Conduct against your situation and cites the rules it relies on.

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