960031 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri



Informal Opinion Number: 960031

Rules: 5.5;State ex rel. McKittrick v. C.S. Dudley & Co., Inc., 102 S.W.2d 895 (Mo. 1937)

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: A collection agency has contacted Attorney about writing demand letters for cases in which the creditor is not yet Attorney´s client. Attorney would prepare a letter to the debtor on behalf of the creditor and instruct the debtor to contact the collection agency, rather than Attorney. May Attorney do this? ANSWER: Under the circumstances described, Attorney would violate Rule 4-5.5, by assisting the collection agency in the unauthorized practice of law. Attorney may wish to review State ex rel. McKittrick v. C.S. Dudley & Co., Inc., 102 S.W.2d 895 (Mo 1937), which relates to this topic.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.