Press "Enter" to skip to content

Posts published in “Ethics”

Ethical Issues in Consumer Financial Services Litigation

CFPB Wins Early Round In Battle to Regulate Attorney Professional Conduct

Yesterday I commented on a recent decision from the Eleventh Circuit Court of Appeals, Miljkovic v. Shafritz and Dinkin, P.A. et al., noting it spelled trouble for attorneys engaged in debt collection. Miljkovic incorrectly construes the Fair Debt Collection Practices Act and its legislative history as well as…

Lawyer and Non-Lawyer Supervision — A Lesson in Avoiding an Ethical Transgression

For several years my attorney ethics presentations and papers have emphasized that lawyer supervision and particularly non-lawyer supervision, in my experience, is an area of concern for attorneys who practice debt collection law. A recent opinion from New York’s Appellate Division, Second Department, concerning the conduct…

Whitepaper: Model RPC Changes from the ABA 20/20 Commission Impacting Credit and Collection Attorneys

Last August the American Bar Association adopted several amendments to its Model Rules of Professional Conduct. Several of these changes would impact attorneys engaged in credit and collection law, if adopted in their jurisdictions. I’ve prepared the attached whitepaper outlining the amendments.  More information on the ABA’s 20/20…

New York Federal Court Strikes Down NYC Regulation of Attorneys Engaged in Debt Collection

A City of New York regulation that sought to regulate attorneys who practiced debt collection law, was struck down Wednesday by a Federal Court sitting in the Eastern District of New York because it violated New York’s Constitutional separation of powers. In Eric Berman, P.C. v.  City…

Fee Order Admonishes Plaintiff’s Firm for Claiming “Cut & Paste” Work as Original – Slices Fee Request 75%, Warns of Future Sanctions

While the use of form pleadings is not unusual, it becomes dicey when attorneys seek fees from their use of forms as “original work.” But when you use a fee petition that itself is a form pleading and claim it too is “original work,” you…

Star Ledger (NJ): NJ Gov Chris Christie’s brash words on N.J. Supreme Court may be undermining state’s judicial branch

Chris Christie came into office on a promise to take the NJ Supreme Court off “its pedestal” and place it on a equal footing with the legislative and executive branches. The Star Ledger reports on the devisiveness that has permeated relations between NJ’s Governor and…