Debt Collectors I Will No Longer Engage With
Professional disagreement comes with the territory. There are still standards for how people communicate, and I have limits on what I will entertain in representing my clients.
I’m maintaining a list of debt collectors with whom I will no longer engage directly, based on my experience and documented communications.
1. Michael Green — Ace Recovery Group
Based on my communications with Michael Green, I have decided to discontinue direct dealings with him. My reasons include statements contradicted by the records available to me, communications I consider inappropriate, unlawful threats, and his use of profanity. Future communications concerning my clients’ matters will proceed only through counsel.
The Bigger Picture
There is a broader issue here. Collectors who claim to work under an attorney’s supervision should understand that their conduct can expose that attorney to disciplinary scrutiny. Depending on the circumstances, an attorney’s direction, approval, or failure to adequately supervise a collector can implicate the attorney’s own professional obligations. Claiming attorney supervision carries responsibilities.
In addition, going around counsel to threaten represented clients sets a terrible standard for handling disputes. When a lawyer causes a collector to communicate about the matter with a represented party, those communications can also implicate New York’s restrictions on contact with represented parties, subject to the rule’s exceptions.
Some collectors also seem to misunderstand my role. We are in a lawsuit. My obligation is to advocate for my client, evaluate the claims and defenses, and provide candid advice. Settlement is an option for my client to consider—not an outcome a collector is entitled to demand from me.
The decision whether to settle belongs to my client. I communicate offers and explain their benefits and risks, but I will not pressure a client into accepting questionable terms simply because a collector wants to close a file. There is no obligation to settle a case, ever. It certainly makes sense in most cases, but ultimately the decision is for my client alone.
Professional communication remains welcome. Misrepresentations, profanity, and intimidation do not move a case toward resolution. They only get you blacklisted.
Additional entries will be added as warranted by documented experience.
