Ethics in Collections Practice (Update)

Are there really ethics in debt collections? This rhetorical question sometimes leads to a chuckle from lawyers and non-lawyers alike. As with any field of law, collections practice is fraught with ethical issues and entanglements that could ensnare even the most seasoned practitioner. What Rules of Professional Conduct (RPCs) apply to collection law and collection law practitioners? When does the Fair Debt Collection Practices Act (FDCPA) apply? When is a "debt" really a debt? When is a "debt collector" really a debt collector? The definitions in the FDCPA may surprise you.

This course will review key provisions in the ABA Model Rules of Professional Conduct and the Fair Debt Collections Practices Act (FDCPA), which is really a code of ethics. Taught by Jonathan Goodgold, the program will discuss where the ethical rules and the FDCPA overlap, how they apply, and how to incorporate them into a collections practice, especially during the current pandemic. 

This course will benefit attorneys seeking practical guidance in navigating the ethical minefields in collection law.

Learning Objectives:

1. Identify and explore relevant RPCs
2. Review provisions of the FDCPA that guide ethical conduct in the collection process
3. Explore recent developments and their impact on the field and your practice
4. Ethically handle collections during the age of COVID