88 N.J.L.J. 49
January 28, 1965
OPINION 66
Representing Collection Agency
An inquiry has been made as to the propriety of an attorney
representing an individual, whose business it is to acquire claims
by purchase or assignment. Litigation would be pursued by the
individual as the owner or assignee of the claim.
A distinction should be made between claims which are
purchased and those which are merely assigned.
Where there is merely an assignment of a claim, then our prior
opinion on the subject would control. N.J. Advisory Committee on
Professional Ethics, Opinion 17, 87 N.J.L.J. 113 (1964). In that
opinion we held that it would be improper for an attorney to be
engaged by a commercial collection agency for the purpose of
instituting suit against the debtors of the customers of such
agency. This would result in a violation of Canons of Professional
Ethics, Canon 35, since it is an exploitation of the service of an
attorney by an intermediary between client and attorney.
Where, however, the claims are purchased and become the
property of the individual, there would appear to be no objection
to his engaging an attorney to represent him in the collection of
the debts which are due him.