There have been reports of lawyers signing up survivors or family members of the missing and dead from the collapsed condo in Florida. Didn’t this used to be illegal or punishable by disbarment by the American Bar Assn? I know they used to forbid advertising by lawyers which is common now.
I don’t know the laws in Florida, but a lawyer approaching a disaster victim and offering legal advice while it may seem tacky, is probably not illegal.
In this particular case it appears lawsuits will be forthcoming, so lawyers are likely contacting anyone who might be a potential plaintiff in a lawsuit. Is that considered ambulance chasing?
Add Realtors to the mix seeking leads, I knew of a few who would get leads from the obits hoping the estate wanted to sell.
Did the lawyers approach the families, or did the families approach the lawyers?
According to this site there are laws in 21 states and the District of Columbia against ambulance chasing. The practice also violates the American Bar Association’s Code of Professional Ethics, Canon 28
Apparently the lawyers approached the “clients”.
The rules have loosened up, due to lawyers’ first amendment rights to advertise and market their services. I’m not a fan, and I think it damages the profession.
Nitpack, the ABA doesn’t regulate lawyers (although it drafts model rules for professional responsibility). The regulation is all done at the state level. Most lawyers are not even members of t he ABA.
It’s may or may not be illegal/unethical to sign up people hurt by the collapsed condo. It just depends on how it’s done. Generally, the lawyer cannot solicit his services directly to the injured person/family. So no walking up to the condo site asking if anyone needs a lawyer, or finding out the names and calling the person/their family asking if they need a lawyer.
You can advertise generally (“Been hurt by a collapsing condo, call me!”). It’s possible to set that up in hours and be very specific location-wise in who gets the ad (a radius around the condo for example - walk into that radius and your phone will send you ads). Also, other “normal” people can refer the injured person/family to a lawyer. As long as the injured person/family initiate the contact with the lawyer, it’s all ok.
The blurry line is how/why these other “normal” people are referring to the lawyer. It should not be because of a deal they have with the lawyer, but it happens. It’s just difficult to discover. Lawyer don’t chase ambulances (there’s no need) - the EMS, wrecker, police, ER staff, funeral homes, any person along the path from incident to medical treatment/death process, can tell the injured person they should contact a lawyer, and conveniently, I just happen to know one. That interaction could range from wholly innocent to super illegal.
I’ll just add, this is very general. All States have more or less leeway in what a lawyer can do. I do not know what’s illegal in Florida.