Judge rules in favor of Marietta debt collection law firm

By Kelly Yamanouchi

The Atlanta Journal-Constitution

A judge ruled that an investigative demand by the Georgia Governor’s Office of Consumer Affairs for documents about debt collection practices of a Marietta law firm is an unconstitutional attempt to regulate the practice of law.

The ruling, issued by Cobb County Superior Court Judge S. Lark Ingram, called the state’s demand from Frederick J. Hanna & Associates a violation of the state constitution’s separation of powers doctrine.

The ruling noted that the State Bar of Georgia regulates the practice of law and has investigated some of the conduct the state wants to investigate.

Fred Hanna acknowledged his firm receives “a lot of complaints” and has been investigated by the state bar in the past. “They’ve never found that we’ve done anything illegal,” Hanna said.

Office of Consumer Affairs spokesman Bill Cloud said the attorney general’s office will appeal the ruling. The state is continuing its investigation but needs the documents demanded and must wait until the Supreme Court rules on the issue, he said.