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Legal Ethics Issues for Collection Attorneys: Part One

The Duty of Candor

At collection, the law firm which employs non-attorney collectors faces a number of serious legal ethics issues. Among those issues are honesty to the courts, balancing the duty of honesty to others with the duty not to give legal advice to parties of adverse interest, supervision of non-attorney employees, and improper threats of criminal or administrative prosecution.

Part One of this article will examine the attorneys duty of candor to the tribunal.

Model Disciplinary Rule 3.3(1) provides:

Rule 3.3 Candor Toward The Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or ...

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