Legal Question in Civil Litigation in New York

Is it illegal or unethical to write a letter asking for payment and sign it as an Attorney of Fact? Obviously to some this gives the impression that you are a lawyer while you are merely an agent on someone's behalf. I do not intend to become the person's attorney-in-fact through power of attorney.


Asked on 11/22/13, 11:55 am

3 Answers from Attorneys

If you are the designated attorney in fact,or anyone else you are entitled to sign as such.There is no misrepresentation and the term does not equate with attorney so any confusion lies with the reader.

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Answered on 11/23/13, 12:26 am
Kevin Connolly Kevin J. Connolly

The fact that yu have a subjective intent to create the impression that you are a lawyer could put you in violation of the Federal Fair Debt Collection Practices Act, as well as the counterpart consumer protection laws in the New York General Business Law, to include Section 347. Before you do anything like this, look at the penalties under these laws. And if you do not intend to become the principal's attorney-in-fact then it seems inescapable that you are trying to create the impression the creditor has engaged an attorney to come get the debtor. Unethical? To say the least, and you might be contacted by the Nassau County Bar Association's Committee for Prevention of the Unauthorized Practice of Law. If you ar found to have attempted to mislead the recipient into thinking you're a lawyer then you have the requisite intent to commit the crime. Unauthorized practice out of court is an unclassified misdemeanor, up to 6 months + $500, except that if the court finds A "holding out" and the victim loses money it becomes a Class E felony.

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Answered on 11/23/13, 2:06 pm

I read it as you being the attorney-in-fact. To sign off as this when you are not is a criminal offense.

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Answered on 11/26/13, 7:49 am


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