18Debt collection or mercantile agencies

18 Debt collection or mercantile agencies

[Rule 18 Substituted by S.R. 2020, No. 56, Applied:01 Oct 2020]

(1)  A solicitor must not allow the solicitor’s business name or stationery to be used by a debt collection agent or mercantile agent in a manner that is likely to mislead the public.

(2)  A solicitor who receives, from a debt collection agent or mercantile agent, instructions to act for a client must ensure that –

(a) the solicitor’s relationship with the agent is fully disclosed in writing to the client; and

(b) the information required to be disclosed to the client by any relevant legislation and these rules is communicated to the client; and

(c) the solicitor maintains direct control and supervision of any proceedings or correspondence on behalf of the client; and

(d) any money recovered on behalf of the client is accounted for by the solicitor.