Emerson, holding that big thinkers should feel free to take and abandon intellectual positions as they deemed fit, regardless of whether those positions contradicted what they had said the day before, famously noted that “a foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.” I don’t know about statesmen, philosophers and divines, but lawyers like consistency and pretty much have built the common law around the idea that constancy fosters predictability and is a real good idea. But these are crazy times, and some parts of law and lawyering seem to be moving in very different directions.
I read the other day that the Consumer Financial Protection Board settled an enforcement case with a big Georgia collection law firm, basically putting them out of business. One of the complaints was that the firm was “run like a factory.” Hmmm. Not for nothing, but I have done this work, and most collection stuff is not rocket science. A lot of it can easily be done by paralegals or (God forbid) limited licensed technicians. Adopting a systematic approach, especially in an area where federal laws, such as the Fair Debt Collection Practices Act, imposes nasty penalties and strict liability, is good business and good practice.
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