Consumer Attorney Disbarred for Incivility; Making Settlement Offers Without Communication with Client

It was easy to forget this year that anything outside of Hunstein and Reg F existed.  While many of us were focused on compliance, compliance, compliance, the world of accounts receivable management kept going. Collection agencies kept collecting, and litigation kept churning. Some things, such as the disciplinary actions filed earlier this year by Maryland and Virginia against consumer attorney Ernest Paul Francis, were highly fascinating.

The Maryland and Virginia disciplinary actions resulted from the conduct Mr. Francis exhibited in representing his client:  a consumer who had been sued by American Express (Amex) for an outstanding credit card bill.  After American Express filed suit, Mr. Francis brought a suit alleging violations of the Fair Debt Collections Practices Act (FDCPA) against Amex’s attorneys. As a result of his actions in the FDCPA case, on March 23, 2021, the state of Virginia revoked Mr. Francis’s license to practice law, and the state of Maryland followed on August 24,  2021.

What did he do?

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