STOPPING “AMBULANCE CHASERS”

Scenario: Your cousin has been transported to Lexington following a violent car crash in which he sustained serious injuries. You rush to the hospital to find your aunt, uncle, cousin and some guy in a suit standing near the bed. Who’s the guy in the suit? He’s not a relative, not a friend, yet he’s shoving a contract in your cousin’s face and telling him that unless he signs, he could lose his legal rights. The person in the suit is a type of lawyer labeled an “Ambulance Chaser”. What many do not know is that this lawyer could and should lose his license to practice law for such behavior. The Supreme Court of Kentucky regulates the practice of law through the “Rules of Professional Conduct”.

Supreme Court Rule 3.130(7.09) regulates direct contact with prospective clients and states that “no lawyer directly or indirectly through another person shall, in-person or by live telephone, initiate contact or solicit professional employment from a prospective client with whom the lawyer has no family or direct prior professional relationship.”

The purpose of the rule is two fold. First, to protect the public from predatory attorneys (Ambulance Chasers), who are out to make a quick buck off any tragedy and have no relationship with the injured person, (Note that family relationships and direct prior professional relationship are exceptions and those lawyers may ethically contact you), and Two, to protect the image of the legal profession, which used to be quite respected among the public.

It should be noted that most attorneys do not engage in this unethical behavior, but some do and should be called out and disbarred. It is the client’s decision who to hire to represent them in accident cases, not an overbearing attorney who “just happened to show up” at the hospital. If you are aware of this happening to you, or a friend or family member, get the lawyer’s name, address and phone number and contact the Kentucky Bar Assocation to file a bar complaint at 514 W. Main Street Frankfort KY 40601-1883, or by calling (502) 564-3795. Together, we can make the practice of law respectable again.