ABA Formal Opinion 469 – November 12, 2014

Source: www.abajournal.com

The American Bar Association (ABA) issued Formal Opinion 469, which address an issue involving prosecutors and debt collectors.

The Opinion states:

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)."

While not binding on any state, this seems like the correct decision. Debt collectors should not be able to deceive debtors using these type of tactics.

See on Scoop.itNebraska and National Consumer Protection


About Jeffrey Lapin
Caring. Passionate. Dedicated. I represent injured, abused and disabled clients in Lincoln and throughout Nebraska.

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