New Yorkers facing debt-collection lawsuits are poised to get a little extra help in the wake of a federal court’s ruling — and some observers say it could translate to a win for consumers across the country who have basic legal questions but can’t afford a lawyer.
But eyeing New York state’s rules against the unauthorized practice of law — and, specifically, the ban on non-lawyers providing legal advice — Upsolve sued to block the state from enforcing them against the organization and any trained volunteers. A Bronx reverend who wanted to give debt-collection lawsuit advice to community members also sued.
Though people are guaranteed the right to a defense lawyer in criminal cases no matter the size of their wallet, there’s no such guarantee for civil lawsuits, including those relating to debt collection — and attorney fees can be prohibitively expensive. “A better solution would be to crack down once and for all on predatory debt-collection practices, like sewer service, that turn our courts into debt-collection mills,” he said.
Of course, faulty lawyering, flawed legal documents and unscrupulous representation can badly harm people. “The Upsolve case makes clear that in virtually every state in the country, the judiciary and the bar should promptly consider dialing back the antique laws that still make it a crime — to this day — for people to talk to one another about the law,” David Udell, the organization’s executive director, told MarketWatch.
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