Opinion 186

Attorney A has organized a credit and collection service independent of his law office and such business is managed by B who is not an attorney. It is proposed that B will handle the collection matters prior to filing suit and in the event of the necessity of suit and after procural of authority from the creditor, B will turn the collection matters over to Attorney A for handling. Does Attorney A violate the Canons of Ethics by consenting or acquiescing in sending the following proposed letter by B to B's prospective creditor clients?

Dear Sir:

Since being retired from the position of Credit Manager of [    ] a position which I held since the opening in 19[ ], I have become associated with Mr. A., Building, Texas, whose reputation in handling collections is most outstanding. As you probably know, he has been doing this work for a number of years for [    ] and such stores as [    ] and [    ]. You have very likely received a copy of his address on credit and collections which was delivered at the recent convention and was printed in three installments of the [    ] Review and sent out as a newsletter on [    ].

And now, with me to assist him in this work, I can promise that we can give you even better service in the collection of bad checks and delinquent accounts, anywhere in the entire state. A fee schedule is being sent to you under separate cover. This schedule has been pronounced fair and equitable for all concerned by many company officials throughout the state and I hope that you will agree. I would appreciate your sending me your bad checks and delinquent accounts for collection.

I am ready and waiting to start working on them.

Yours very truly,

B.