Atlanta Injury Attorney Blog
Guardian Law operates out of Atlanta and is clearly reaching out to accident injury vi
ctims the day of the crash or the next day illegally. Whether they are getting the contact information from tow truck drivers, police or medical is unclear, but these solicitations are illegal under OCGA § 33-24-53 and they have already been sued for it in Georgia by another law firm. See this AJC article on those case. Now they have approached yet another client of ours illegally.
If a law firm, doctor or case manager reaches out to you in the first few days after your accident, this is illegal and they can be sued for it. Lawyers that are breaking the law in this regard have zero respect for any part of the law and will rip you off.
Our client confirms that she was contacted directly the day of the accident by Guardian and that they sent her a electronic “form” to fill out which turned out to be a click contract and attorneys fee agreement. The client hired us a week later after she did her homework and checked our bona fides. She was then told by Guardian that she had a signed a contract and would have to pay a fee if she left the firm, which is also not the law. It has all worked out as they know they cannot actually bill a client for a week’s worth of nothing after illegally soliciting the client in violation of the statute but it stands as a fair warning to Georgia Motorists.
These dirtbags are repeatedly contacting accident victims in Atlanta in violation of the statute and then tortiously interfering with their right to hire counsel by claiming there is some “penalty fee” for leaving their firm.
- (a) As used in this Code section, the term:
- (1) “Capper,” “runner,” or “steerer” means a person who receives a pecuniary benefit from a practitioner or health care service provider, whether directly or indirectly, to solicit, procure, or attempt to procure a client, patient, or customer at the direction or request of, or in cooperation with, 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 for providing services to the client, patient, or customer. Capper, runner, or steerer shall not include:
- (A) Any insurance company or agent or employee thereof who provides referrals or recommendations to its insureds; or
- (B) A practitioner or health care service provider who procures clients, patients, or customers through the use of public media or by referrals or recommendations from other practitioners or health care service providers.
- (2) “Practitioner” means an attorney, health care professional, owner or partial owner of a health care practice or facility, or any person employed or acting on behalf of any of the individuals in this paragraph.
- (3) “Public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient, or customer.
- (1) “Capper,” “runner,” or “steerer” means a person who receives a pecuniary benefit from a practitioner or health care service provider, whether directly or indirectly, to solicit, procure, or attempt to procure a client, patient, or customer at the direction or request of, or in cooperation with, 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 for providing services to the client, patient, or customer. Capper, runner, or steerer shall not include:
- (b) Except as provided for in paragraph (5) of subsection (a) of Code Section 50-18-72, 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. This paragraph shall not prohibit an attorney or health care provider from making a referral and receiving compensation as is permitted under applicable professional rules of conduct; and
- (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. It is also unlawful for any capper, runner, or steerer to recommend or secure a practitioner’s or health care service provider’s employment by a client, patient, or customer if such practitioner or health care service provider obtains or intends to obtain benefits under a contract of insurance or asserts a claim against an insured or an insurer for providing services to the client, patient, or customer.
- (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.