Legal Seminar, Chicago, IL

Hypothetical F

The DFI has initiated an enforcement investigation as to EZ Loans for deceptive statements about the terms of its loans. You discover that an attorney for EZ has been calling its recent customers to ask for statements in support of its position that it did not make such misrepresentations. Two of these customers made their way to you to express confusion about whether they have to talk to EZ’s attorneys. Can you ethically advise these customers that they are not under an obligation to talk to EZ’s attorney. Can you ethically send a letter to these customers advising that they are not under an obligation to talk to EZ’s attorney. You have obtained a list of customers from EZ.

Same facts as Hypo E. You have sent a subpoena to EZ as part of the investigation. The subpoena clearly states that you are the attorney representing the DFI in the investigation–which you also have stated directly to EZ’s attorney. Nonetheless, EZ’s attorney is calling the Commissioner and calling your investigator directly to complain about the conduct of the investigation and defend its practices. Is EZ’s attorney contact with the Commissioner and with the investigator an ethical violation? Regardless, what should you do in this situation? Hypothetical G