An ambulance chaser is a lawyer’s tout (hireling, doctor, nurse, policeman, friend, acquaintance) who persuades an injured person to hire the lawyer to sue for personal damages.
The chaser’s enemy is the claim agent who tries to get the injured person to disclaim damages, or take at most a small money settlement. Insurance companies have such agents, and street car companies, railroads, taxicab systems.
All cities have their claim agents and ambulance chasers. New York has most. After an accident they scamper to the injured person’s door, clamoring to save or earn a few dollars. Their practice is against public welfare. Bar associations, medical associations, the courts, good citizens everywhere have denounced both chasers and agents—futilely.
New York recently arrested several dozen chasers and their lawyer employers. But the arrests did not improve conditions. The State Supreme Court decided to see what might be done. It appointed one of its justices, Isador Wasservogel, to investigate and make recommendations. Last week he did do, recommending that 74 members of the New York bar be disciplined. Summarized, his cogent suggestions were:
Lawyers should get no more than one third of personal injury damages won. (Usually they demand one half.) The court should supervise the fee.
The court should know just how the lawyer got his case. (Ethically the clientshould go to the lawyer, not the lawyer chase the client.)
To eliminate false claims, the court should verify the complaint, the bill of particulars and the defendant’s answer.
Perjury should be made a misdemeanor instead of a felony to insure more convictions.
Lawyers should pay over moneys collected for clients within ten days after receipt.
Lawyers should preserve papers and records for five years.
Excluded from evidence should be all statements taken from injured persons by insurance company investigators while in a hospital, or within 15 days after an accident.
Compensation insurance should be established for persons injured in automobile accidents.
The court should closely supervise the interests of minor plaintiffs.
Physicians who offend ethics by close co-operation with ambulance chasing lawyers should have their licenses revoked.
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