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FACTS
A local credit bureau is a client of the inquiring lawyer. On occasion,
the credit bureau institutes lawsuits against debtors. To facilitate
this, the inquiring lawyer has drafted a form of petition in which
the credit bureau inserts relevant information such as the balance
due, assignor's name and pertinent dates. When completed, the lawyer
reviews and signs his name to each petition, which is then filed
by the credit bureau in the appropriate court. Filing fees are advanced
by the credit bureau. Other necessary pleadings are prepared, and
other appearances are made by the lawyer, who inquires if this arrangement
is ethical.
DISCUSSION
Canon
3, Code of Professional Responsibility, states:
"A
lawyer should assist in preventing the unauthorized practice of
law."
This
inquiry appears to fall within the scope of EC 3-6 to this effect.
"A lawyer often delegates tasks to clerks, secretaries or other
lay persons. Such delegation is proper if the lawyer maintains a
direct relationship with his client, supervises the delegated work
and has complete professional responsibility for the work product.
This delegation enables a lawyer to render legal service more economically
and efficiently."
In this instance, it appears that the lawyer has delegated to the
credit bureau the task of completing forms of petition prepared
by him. He assumes full responsibility for drafting other required
pleadings and for all court appearances.
CONCLUSION
We conclude that this arrangement is ethically permissible.
73-4
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