Ambulance Chasing is Illegal
If you have been directly contacted by a law firm, or someone who promises to get you an attorney for your personal injury claim, without having first asked them for their advice as to what attorney you should hire, that solicitation is ambulance chasing and is illegal in Georgia.
The first time that someone is caught is a misdemeanor and the second time is a felony! The following criminal statute makes it a crime to be a runner, someone who pays a runner, or to sell any information related to motor vehicle collisions.
§ 33-24-53. Solicitation, release, or sale of automobile accident information; compensation for referrals or recommendations to attorneys; penalties
(a) As used in this Code section, the term:
(1) “runner”… means a person who receives a pecuniary benefit from a practitioner or health care service provider…to solicit, procure, or attempt to procure a client, patient, or customer at the direction or request of …a practitioner or health care service provider whose purpose is to obtain benefits under a contract of insurance or to assert a claim against an insured or an insurer….
(2) “Practitioner” means an attorney, health care professional… or any person employed or acting on behalf of any of the individuals in this paragraph.
(3)(b)… It is unlawful for any person in an individual capacity or in a capacity as a law enforcement officer, law enforcement records staff member, wrecker services staff member, emergency staff member, physician, hospital employee, or attorney to solicit, release, or sell any information relating to the parties of a motor vehicle collision for personal financial gain. This subsection shall not apply to mass public media advertisement and solicitation.
(c) It is unlawful for:
(1) Any person in an individual capacity or in a capacity as a public or private employee or any firm, corporation, partnership, or association to act as a capper, runner, or steerer for any practitioner or health care service provider….
(2) Any practitioner or health care service provider to compensate or give anything of value to a person acting as a capper, runner, or steerer….
(d) Any natural person convicted of a violation of this Code section shall, on the first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not less than 30 days and a fine not to exceed $1,000.00. Any natural person convicted of a second or subsequent violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not more than ten years and by a fine of not more than $100,000.00 per violation.
Georgia has Bar rules, which are rules which lawyers must obey to remain members of the State Bar of Georgia. In other words, to keep your license to practice law, you must obey the rules that govern lawyer’s conduct. Rule 7.3 concerns direct contact with prospective clients and states that:
(A) A lawyer shall not send, or knowingly permit to be sent, on behalf of the lawyer, the lawyer’s firm, lawyer’s partner, associate or any other lawyer affiliated with the lawyer or the lawyer’s firm, a written communication to a prospective client for the purpose of obtaining professional employment if:
(3) the written communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person, unless the accident or disaster occurred more than 30 days prior to the mailing of the communication; or…
(d) A lawyer shall not solicit professional employment as a private practitioner for the lawyer, a partner or associate through direct personal contact or through live telephone contact, with a nonlawyer who has not sought advice regarding employment of a lawyer.
The reason behind Georgia, and other states, making runners, and those who hire them, or direct solicitation by attorneys or others on their behalf, illegal is set forth in Georgia’s State Bar ethical considerations, which is the explanation behind the rules. EC 2-8 states:
Selection of a lawyer by a layperson should be made on an informed basis. Advice and recommendation of third parties: relative, friends, acquaintances, business associates, or other lawyers; and disclosure of relevant information about the lawyer and his practice may be helpful. A layperson is best served if the recommendation is disinterested and informed. In order that the recommendation be disinterested, a lawyer should not seek to influence another to recommend his employment. A lawyer should not compensate another person for recommending him, for influencing a prospective client to employ him, or to encourage future recommendations. Advertisements and public communications should be formulated to convey only information that was necessary to make an appropriate selection that is objective in nature and that is capable of being accurately stated in an advertisement without tending to deceive or mislead….