Fight Persists Against Atlanta Law Firm Accused of Case Running

Introduction: The Dark Side of Personal Injury Law

In the high-stakes world of personal injury law, the pursuit of justice can sometimes take a detour into unethical, even illegal, territory. One such detour is “case running,” a practice where law firms or their agents solicit clients directly after an accident, often before the victims have even had a chance to process what happened. This aggressive tactic, while lucrative for some, raises serious ethical concerns and can potentially harm vulnerable individuals. Shockingly, case running is illegal in 21 U.S. states and Washington, D.C. Despite its illegality, the fight persists against Atlanta law firms accused of engaging in this practice, highlighting the challenges in enforcement and the ongoing need for vigilance in the legal profession.

What is Case Running?

Case running, at its core, is the act of directly soliciting accident victims to procure their business for a personal injury attorney. This often involves “runners” – individuals working on behalf of a law firm – who approach victims in person, by phone, or through other means, offering legal services and urging them to sign with a particular firm. According to the Georgia statute O.C.G.A. § 33-24-53, it is illegal to obtain information about motor vehicle accidents for personal financial gain.

These runners often obtain accident victim data from reports and other sources, and then directly contact those crash victims and solicit the victims as clients, sometimes within hours of the collision. Some complaints refer to businesses such as “buy crash” and those who work within them as “conspirators” in the scheme of illegal solicitation of clients.

The Ethical and Legal Implications

Case running is not just a matter of aggressive marketing; it carries significant ethical and legal implications:

Violation of Privacy: Runners often obtain accident victim information through questionable means, potentially violating privacy laws and ethical boundaries.
Coercion and Undue Influence: Victims, especially those who are injured or emotionally distressed, may be susceptible to coercion and undue influence from runners, leading them to make hasty decisions about legal representation.
Conflict of Interest: Attorneys who engage in case running may prioritize their own financial gain over the best interests of their clients, potentially leading to inadequate representation or even exploitation.
Violation of Professional Conduct: Case running violates the Georgia Rule of Professional Conduct 7.3, which prohibits direct solicitation of clients.
Illegality: As mentioned earlier, case running is illegal in many states, including Louisiana, where it has been outlawed since 2010.

The Fight Against Case Running in Atlanta: Lazenby Law Group’s RICO Case

In Atlanta, the fight against case running is ongoing, with several legal battles making headlines. One prominent example is the case brought by R. Shane Lazenby of Lazenby Law Group against Cambre & Associates, LLC, and several individual defendants. Lazenby’s complaint alleges that the defendants are engaged in a scheme to illegally obtain information about automobile accident victims and then use “runners” to solicit them as clients.

Lazenby’s lawsuit alleges violations of multiple laws and professional rules, including:

Georgia Bar Rule 7.3(d), which forbids lawyers from engaging in unsolicited direct personal contact with potential clients.
OCGA § 33-24-53, which criminalizes the solicitation of information related to motor vehicle collisions for personal financial gain.
OCGA § 15-19-55, which bars non-lawyers from engaging in direct solicitation of legal business on behalf of lawyers.

Lazenby claims that the defendants’ actions give them an unfair advantage in the personal injury marketplace and deprive ethical lawyers of the opportunity to compete fairly for business. The case has progressed to the Georgia Court of Appeals, where arguments have been heard regarding the validity of Lazenby’s claims and the defendants’ attempts to dismiss the lawsuit.

The Defense Against Case Running Allegations

In the case against Cambre & Associates, the defense argued that Lazenby lacked standing to bring claims of infringement of a property right and violation of the Georgia RICO Act. They contended that Lazenby’s allegations centered around a nonparty who had been involved in a motor vehicle collision and that Lazenby had not alleged that the appellants improperly accessed his accident report.

The defense also argued that Lazenby was attempting to privatize enforcement of the State Bar rules, which is not allowed under Georgia law. They asserted that Lazenby had not asserted direct damages and that his claims were insufficient.

Why This Matters to You

The fight against case running is not just a legal squabble between law firms; it has real consequences for accident victims and the integrity of the legal system. If you or someone you know has been involved in an accident, it’s crucial to be aware of the potential for unethical solicitation and to take steps to protect yourself:

Be wary of unsolicited contact: If someone approaches you offering legal services shortly after an accident, be cautious. Don’t feel pressured to make a decision on the spot.
Do your research: Take the time to research and choose an attorney who is reputable, experienced, and ethical. Look for reviews, testimonials, and disciplinary records.
Trust your instincts: If something feels off or too good to be true, it probably is. Don’t hesitate to seek a second opinion or report suspicious behavior to the State Bar.
Report unethical behavior: If you believe you have been contacted by a case runner or have witnessed unethical solicitation, report it to the State Bar of Georgia or other relevant authorities.

The Role of the Atlanta Bar Association

The Atlanta Bar Association plays a crucial role in promoting ethical conduct among lawyers and protecting the public from unethical practices. The association provides resources, education, and disciplinary measures to ensure that lawyers adhere to the highest standards of professionalism.

The Atlanta Bar Association offers various sections and committees focused on ethics, professionalism, and public interest law. These include:

The Atlanta Council of Younger Lawyers Section, which provides mentoring and development opportunities for young lawyers.
The Criminal Law Section, which provides a forum for the exchange of ideas leading to the improvement of individual trial abilities in various areas of criminal law.
The Litigation Section, which is comprised of litigators across the spectrum of practices, including plaintiff’s lawyers, defense lawyers, mediators, and judges.

The association also provides continuing legal education (CLE) programs on ethics and professional responsibility, helping lawyers stay informed about their ethical obligations and best practices.

Advice Moving Forward

Navigating the aftermath of an accident and the complexities of personal injury law can be overwhelming. Here’s some advice to help you make informed decisions and protect your rights:

Focus on your health: Your top priority should be recovering from your injuries. Don’t let aggressive solicitation distract you from seeking medical treatment and following your doctor’s advice.
Document everything: Keep detailed records of the accident, your injuries, medical treatment, and any communication with insurance companies or legal representatives.
Be careful what you sign: Read any documents carefully before signing them, and don’t hesitate to ask questions or seek clarification from an independent attorney.
Know your rights: Understand your rights as an accident victim, including your right to choose your own legal representation and your right to pursue compensation for your injuries and losses.
Seek independent legal advice: Before making any decisions about legal representation, consult with an attorney who is not affiliated with the person who contacted you.

Conclusion: Upholding Ethics and Protecting Victims

The fight against Atlanta law firms accused of case running highlights the ongoing need for vigilance and ethical conduct in the legal profession. By understanding the dangers of case running, being aware of your rights, and seeking guidance from reputable and ethical attorneys, you can protect yourself from exploitation and ensure that you receive the fair and just compensation you deserve. The legal system should be a source of justice and support for victims, not a playground for unethical practices.

If you have been contacted by a runner or have concerns about the ethical conduct of a law firm, don’t hesitate to seek advice from a trusted legal professional. Contact our firm today for a consultation, and let us help you navigate the legal process with integrity and compassion.