This article begins in Section I with a brief overview of the debt industry. Section II describes the circumstances of an unrepresented defendant in the adversarial system of justice. The conventional codes of professional responsibility are weighed against a broader framework of normative ethics in Section III. Section IV illustrates how the particulars of the debt-buying setting are emblematic of broader issues. Two solutions are then discussed in Section V: One broadly targets the failure of attorneys' ethical codes to account for the collapse of the adversarial myth in cases involving unrepresented litigants; the other is a more tailored solution that addresses the specific abuses in the industry which serves as the concrete setting for this Article.
Victoria J. Haneman,
Ethical Exploitation of the Unrepresented Consumer, The,
73 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol73/iss3/3