There is no doubt that one of the most widely talked about personal injury cases of the last 30 years is the "McDonald's Coffee" case. The stuff of legend is tossed around about how a woman had hot coffee spilled on her and won the "litigation lottery" for millions. This case (or rather the rumor mill and exaggeration which has spun out of it) has been the banner for tort reform for years.
What is reality however, is that the true facts of the case, the arguments made, and the actions of the attorneys involved are never actually talked about. Instead, accusations are flung and soundbites are echoed like a politician firing up the masses all to root out injustice.
Lost is the truth behind the American Civil System, the fairest legal structure in the world, backboned by our amazing courts and juries that truly allow an individual to be heard and their rights protected.
With that being said, a documentary will be airing soon that shows this side of the coin. The side that says stop listening to those who say that "frivolous" lawsuits are ruining our country. Our courts and government already have checks in place to prevent such from gaining traction. There is no need to poison the mind of every juror that anyone claiming injury is a liar, a fake, or just should've known better. People are hurt by the actions (or inactions) of others every day and our civil justice system is what ensures everyone remains accountable to one another.
Tune in to HBO on Monday June 27, at 9pm Eastern for the award winning "Hot Coffee" by Susan Saladoff to learn more about the case behind the myth. If you miss it, you can always check out the website: http://hotcoffeethemovie.com/ Or view the trailer below:
Hope you tune in.
-JBS
Showing posts with label ethics. Show all posts
Showing posts with label ethics. Show all posts
Friday, June 24, 2011
Wednesday, June 1, 2011
Solicitation by Lawyers and Professional Ethics
Over the years, there has been a troubling practice of solicitation by lawyers. It is that practice that has led to the “ambulance chaser” moniker that some use to label lawyers.
The truth is that such behavior is unethical and illegal in addition to being a gross invasion of a family’s privacy. We feel that an informed decision based on interview of the lawyers and his staff and personal recommendations are the most appropriate way to select a lawyer when help is needed.
Several years ago, lawyers in Georgia (mostly in the Atlanta area and some who came to Columbus for fresher pastures) were able to obtain copies of police reports from the police station each morning and then went to work calling on the victims throughout the day looking for cases. Fortunately, the legislature tightened up on such practices and now limits who can obtain the police reports.
Remarkably, some lawyers still find ways to try to “get the case”. We have heard of lawyers who hire staff to listen to police monitors and go to accident scenes to collect photographs – only later to “offer “ those photos to the victims and solicit representation. Others have reported that cards are passed out at hospital ER rooms and calls are made to family members shortly after being released from the hospital. Still others find a way to obtain information from police and hospital sources and follow up those leads with calls. Injured persons should know that it is illegal for attorneys (other than those who are personal friends and family members) to have themselves or someone else on their behalf solicit the injured in person by contacting them directly (known as "direct personal contact") or by calling them on the telephone ("live telephone contact"). See Georgia Rules of Professional Conduct 7.3.
Recently a man who claims these practices occurred in Alabama took action and filed a lawsuit against the firm which they claimed had acted improperly. A summary of that recent case is attached here.
The lawyers and their staff are now having to answer to these allegations in court.
If someone you don't know slips you a card, or calls you at home to "help", be suspicious. Most of these "helpful" calls - even those from a hospital representative - are probably not made in your best interest.
If you think these practices are improper, you are not alone. Make sure that you find an ethical attorney who complies with the Georgia Professional Rules of Conduct and has not sent a "runner" on their behalf to solicit you during your time of loss or hardship. If you have been illegally solicited by an attorney or a "runner" consider how that reflects on the firm and why they would resort to such tactics. By all means find another attorney and report the conduct to the State Bar of Georgia at 1-800-334-6865 or the Bar Association governing your jurisdiction.
The truth is that such behavior is unethical and illegal in addition to being a gross invasion of a family’s privacy. We feel that an informed decision based on interview of the lawyers and his staff and personal recommendations are the most appropriate way to select a lawyer when help is needed.
Several years ago, lawyers in Georgia (mostly in the Atlanta area and some who came to Columbus for fresher pastures) were able to obtain copies of police reports from the police station each morning and then went to work calling on the victims throughout the day looking for cases. Fortunately, the legislature tightened up on such practices and now limits who can obtain the police reports.
Remarkably, some lawyers still find ways to try to “get the case”. We have heard of lawyers who hire staff to listen to police monitors and go to accident scenes to collect photographs – only later to “offer “ those photos to the victims and solicit representation. Others have reported that cards are passed out at hospital ER rooms and calls are made to family members shortly after being released from the hospital. Still others find a way to obtain information from police and hospital sources and follow up those leads with calls. Injured persons should know that it is illegal for attorneys (other than those who are personal friends and family members) to have themselves or someone else on their behalf solicit the injured in person by contacting them directly (known as "direct personal contact") or by calling them on the telephone ("live telephone contact"). See Georgia Rules of Professional Conduct 7.3.
Recently a man who claims these practices occurred in Alabama took action and filed a lawsuit against the firm which they claimed had acted improperly. A summary of that recent case is attached here.
The lawyers and their staff are now having to answer to these allegations in court.
If someone you don't know slips you a card, or calls you at home to "help", be suspicious. Most of these "helpful" calls - even those from a hospital representative - are probably not made in your best interest.
If you think these practices are improper, you are not alone. Make sure that you find an ethical attorney who complies with the Georgia Professional Rules of Conduct and has not sent a "runner" on their behalf to solicit you during your time of loss or hardship. If you have been illegally solicited by an attorney or a "runner" consider how that reflects on the firm and why they would resort to such tactics. By all means find another attorney and report the conduct to the State Bar of Georgia at 1-800-334-6865 or the Bar Association governing your jurisdiction.
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