Can a collection lawyer have the client or its billing vendor type a demand letter on the lawyer's letterhead, where the lawyer writes, reviews, and personally signs it?

Plain-English summary

A corporation that helps hospitals manage patient accounts receivable sent escalating collection notices in the hospital's name, the last warning that the account would go to an attorney. The attorney then drafted a demand letter from routine information supplied by the hospital or the corporation (patient name, account number, amount due, response period, hospital phone number) and was asked to add any provisions required by law. The draft was typed on the attorney's letterhead by the hospital, the corporation, a typing service, or the attorney; if typed elsewhere, it was returned to the attorney, who reviewed it, checked it against hospital records to confirm accuracy and that no payment had been received, manually signed it, and mailed it under joint supervision. The attorney asked whether the arrangement was proper.

The committee distinguished its Opinion 85-7, which held that a firm may not give a client its letterhead signed in blank. Here the attorney wrote the letter, reviewed it for accuracy, and personally signed it. On those facts, the committee found no per se impropriety in the arrangement, provided the lawyer exercises independent professional judgment on behalf of the client hospital under former Rule 5-107.

Currency note

This opinion was issued in December 1986, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 1990 (and later 2010) Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rules (Rules 5.3, 5.4(c), and 5.5(a)), while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a client or its vendor type a demand letter on the lawyer's letterhead?

A: The opinion concluded there is no per se impropriety, because the lawyer wrote the letter, checked it for accuracy, and personally signed it, unlike handing over letterhead signed in blank.

Q: How is this different from giving a client blank signed letterhead?

A: Per the opinion, Opinion 85-7 barred providing letterhead signed in blank; here the lawyer authored, verified, and personally signed each letter, which the committee found materially different.

Q: What condition did the committee attach?

A: The lawyer must exercise independent professional judgment on behalf of the client hospital under former Rule 5-107.

Background and rules framework

The opinion applied former Illinois Code Rule 5-107 (preserving the lawyer's independent professional judgment when a third party is involved) and Rule 3-101 (aiding the unauthorized practice of law). The Board's 2010 affirmation maps the analysis to current Illinois Rules of Professional Conduct 5.3 (nonlawyer assistance), 5.4(c) (professional independence), and 5.5(a) (unauthorized practice), corresponding to ABA Model Rules 5.3, 5.4(c), and 5.5(a).

Citations and references

Rules of Professional Conduct:

• Illinois Code Rule 5-107 (independent professional judgment, applied in the opinion)
• Illinois Code Rule 3-101 (unauthorized practice of law)
• Illinois RPC 5.3, 5.4(c), 5.5(a) (2010 equivalents per the Board's affirmation)
• MR 5.3 (nonlawyer assistance); MR 5.4(c) (professional independence); MR 5.5(a) (unauthorized practice)

Other opinions cited:

• ISBA Opinion 85-7: a firm may not provide a client its letterhead signed in blank

See also

• ISBA Ethics Op. 87-01: Nonlawyers on Letterhead
• ISBA Ethics Op. 87-02: Broker Hiring a Lawyer for Seller
• ISBA Ethics Op. 93-15: Nonlawyers at Agency Hearings

Source

• Landing page: https://www.isba.org/ethics/opinions/8608