New Rules Urged for Debt Collection Lawyers

Erie County-NY Bar Association President Stephen R. Lamantia is concerned: “We’re concerned about the public’s perception of lawyers; we have a duty to protect the public,” he said.

No need to scratch your chin and mutter ?Hmm?? because I?ll tell you what he?s concerned about: Debt collection lawyers, he says, are giving the law profession a bad name.

His solution is to propose drafting ethics rules for debt collection lawyers in order to fight shakedown tactics.

Not that there aren?t shady debt collection lawyers out there ? much like there are shady judges, politicians, and Canadian superstar chanteuses. Shady is as shady does; however, damning an entire profession for the scandalous activities of a few members might seem histrionic at the least. Lamantia did tell the Buffalo News that most debt collection attorneys operate ethically.

Lamantia said he would recommend the bar association create guidelines for lawyers whose practice focuses on collecting debts.

The Buffalo News story points out that while the state bar association writes ethics rules for lawyers, it doesn’t crack down on illegal conduct. That’s the job of the Attorney Grievance Committee, a unit of the New York Court of Appeals.

Under this new proposal, Lamantia noted, lawyers could face the loss of their license for collection abuses, a check on their practices that other debt collectors don’t face.