Sunday, March 10, 2013

PIP--is there a Problem-Part1

Call it an introduction to the many concerns of Personal Insurance Protection. However, in a weak moment and an unfortunate accident involving my daughter and two of my grand daughters, I was influenced by my daughter to get a lawyer to defend them.

Actually, in this weak moment, I forgot that we must do our homework before we ask for the assistance of others. So now and over six months since the accident, our family is learning the perils of using a Referral Service.

The theme of this discussion will be based on this major thought:
Are the Lawyers, Insurance Companies, and Medical Industry in the Business for themselves or for the Client and/or Patient??
Yes I know the answer since I have been dealing with these Alleged Professionals for over 40 years.

So, as a beginning, let me start with some suggestions for improvement that came from the report:

Download PDF
Florida Bar Association
Final Report
July 2012

So from this report, here are the Recommendations from this report. Also, do comment if you have had similar experiences and what you did to Defend Yourselves.

1. A lawyer shall not accept client referrals from any person, entity or service that also refers or attempts to refer clients to any other type of professional service for the same incident, transaction or circumstance, and shall furthermore be prohibited from referring a client to any other professional service in consideration of the lawyer’s receipt of referrals from any lawyer referral service.

In making this recommendation, the special committee recognized its scope and potential impact on for-profit referral services.  The special committee also recognized the potential legal implications of such a recommendation.    Nevertheless, after consultation with outside legal counsel, the committee unanimously endorsed the recommendation.

2. A lawyer receiving or accepting client referrals from a referral service shall register such referral service participation with The Florida Bar, including all referral services with which the  lawyer  participates.    In  addition,  any  such  lawyer  shall  provide  complete  disclosures regarding the lawyer’s relationship with the referral service, ownership of the service, financial arrangements between the service and the lawyer, and the lawyer’s affirmation of compliance with all Bar rules regarding referral services.  Such attorney registration shall require payment of a fee as may be determined by The Florida Bar.

3. A  lawyer  participating  with  a  referral  service  for  the  purpose  of  receiving  or accepting client referrals must designate a lawyer within the lawyer’s firm to serve as the responsible party for the firm for all cases referred to the firm or any attorney in the firm by a referral service.

4. A lawyer is prohibited from initiating contact with a prospective client referred by a referral service; all such contact must be initiated by the prospective client.

5. A lawyer accepting referrals from a lawyer referral service shall provide complete disclosures to clients of their participation in referral services, such as either a revised or addendum to the Client’s Statement of Rights, notification in law firm reception areas and inclusion of the referral service participation in lawyer advertising;

6. The Florida Bar shall implement enhanced disciplinary enforcement of its rules and regulations related to lawyers participating in referral services..

7. The  Florida  Bar  shall  implement  enhanced  public  education  of  its  rules  and regulations related to lawyers participating in referral services.

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May you find Strength in Your Higher Power,
 GranPa Chuck