In December, PACT released a nationwide poll of personal injury attorney clients that highlighted the exploitative and aggressive tactics of personal injury lawyers. The survey documented the many different ways that attorney bad actors prioritize their interests above their clients’. Just as the PACT poll documented this reality with statistics, a new Los Angeles Times story has exposed how one personal injury law firm’s bad behavior impacts real victims.
See below for a list of the different negative tactics spotlighted by both the PACT poll and the new Los Angeles Times investigation:
Aggressive solicitation of accident victims
- PACT’s survey found that, after an accident, 92% of respondents were contacted by an attorney, with 94% contacted within one week of the accident.
- The Los Angeles Times reported that the Downtown LA Law Group relied on aggressive recruitment tactics to solicit potential victims to join lawsuits:
“With the investigation pending, questions have lingered about how DTLA managed to amass so many plaintiffs so quickly. The Times spoke to more than 40 of the firm’s clients and 10 former employees, many of whom described aggressive tactics to bring in new clients and reap profits stretching back years.”
Use of financial incentives to join lawsuits
- PACT’s survey found that 36% of respondents reporting receiving offers of value, including cash or gift cards from an attorney.
- The Los Angeles Times reported that the Downtown LA Law Group solicited potential clients by giving them gift cards:
“Banna said in an interview that she later learned some clients for the landfill cases had been receiving gift cards to sign petitions at box stores in the area and that those names later appeared on signed retainers, even though clients were adamant they never signed up for a lawsuit. She accused the firm in her lawsuit of ‘providing gift cards, money gifts, and similar incentives in exchange for signatures.’”
Interference with medical decisions
- PACT’s survey found attorneys heavily influenced the medical decisions of respondents. The poll reported that 32% felt pressure to continue receiving unnecessary medical treatments, 75% reported that attorneys referred them to specific medical providers, and 40% stated that attorneys paid medical bills.
- The Los Angeles Times reported that the Downtown LA Law Group pressured clients to undergo unnecessary medical procedures in order to potentially inflate potential monetary settlements. One person told the outlet that “his attorney said the surgery would make the case more valuable.”
Costly financing arrangements
- PACT’s survey found that 50% of respondents reported that they took on a medical lien or lawsuit/settlement advance, with 68% stating that their attorney suggested taking this action.
- The Los Angeles Times reported that the Downtown LA Law Group pressured clients to take medical liens or loans, with many of the law firm’s clients reporting that these financial arrangements eat up a large percentage of their monetary settlements.
“Her [DTLA victim] case settled for $350,000. It was not even close to enough to pay for the half-million in fees she said she’d racked up, primarily from going to doctors. She said she is still in excruciating back pain from her surgery. DTLA took 46% of the settlement and sent the rest of the money to a judge to decide how to divvy between her and the 31 doctors, clinics and loan companies she owes, according to a court record filed on behalf of DTLA to determine the distribution.
Together, the PACT nationwide personal injury attorney client survey and the Los Angeles Times investigation paint a troubling picture of lawsuit abuse’s widespread negative impact on society.
What the poll data reveals in the aggregate, the Los Angeles Times story documents through the individual experiences of victims. Both the poll and the news story show that these tactics are not isolated incidents, but common tactics that can harm real-life victims and undermine trust in our legal system. Taken as a whole, they underscore how vitally necessary passing lawsuit abuse reform is in order to restore trust and confidence in our legal system and stop the exploitation of victims by the attorneys who are supposed to be their advocates.