Shawn Steel ServicesI 10/28/2013 The first thing we do is kill all the lawyers (Shakespeare s Henry VI)

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1 1(800) Palos Verdes Newport Beach Visit our website! Shawn Steel ServicesI New Personal Injury Cases - We review any serious case in California - We travel anywhere in California. - We offer three offices statewide to help our clients and their doctors. - We are the original and only pro chiropractic personal injury law firm Additional Shawn Steel Services 1. PI Alert giving you the latest information that has a direct financial impact on your practice. 2. Monthly teleconference covering important PI issues. The teleconference is interactive. You can ask your questions to experts. a. You can listen to any of our PI teleconferences via POD Cast on our website. 3. How to collect your Med Pay 4. How to collect your lien from a slow or dishonest PI Attorneywww.shawnsteel.com II The first thing we do is kill all the lawyers (Shakespeare s Henry VI) 1

2 10 Key Questions: 1. Does an attorney have to sign a lien? A. What options does a doctor have if the attorney refuses to sign a lien? B. Or if the attorney modifies the lien? 2. When and how can an attorney make a legal referral to a chiropractor RULE [RULES OF PROFESSIONAL CONDUCT, CAL BAR] SHARING LEGAL FEES WITH A NON ATTORNEY EVEN PROMISING ANYTHING BEFOREHAND, ANY GIFT OR GRATUITY IS A VIOLATION. 3. May the attorney refer your patient to a medical Doctor without your consent or knowledge? RULE AVOID INTERESTS ADVERSE TO CLIENT When a lawyer engages in conduct that may be against the client s interest there is a potential violation. 4. Can the attorney ethically refuse to give liability and insurance information to the treating Doctor? Rule confidential client information. What are the limits? Rule duty to act competently 5. May an attorney ethically take the med pay that was to be given to the treating Doctor? RULE AVOID INTERESTS ADVERSE TO CLIENT DUTY TO DISCLOSE TO CLIENT DUTY TO TELL THE CLIENT IN WRITING CLIENT MUST AGREE IN WRITING 2

3 6. May a lawyer put in his retainer agreement that client to always get 1/3 and Doctors no guarantee to get paid? 7. WHAT LIABILITY DOES THE DOC HAVE IF THE ATTY IS ENGAGED IN ILLEGAL SOLICITATION? BUSINESS AND PROFESSIONAL CODE 6150 ; RUNNER STATUTE PENAL CODE SECTION (a) If two or more persons conspire: (1) To commit any crime. (2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime. (3) Falsely to move or maintain any suit, action, or proceeding. (4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises. They are punishable as follows: When they conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment in the state prison for five, seven, or nine years. 8. Does an attorney have to get an informed consent form signed by the patient before entering litigation? RULE COMMUNICATION TO CLIENT Attorney must keep client reasonably informed and if requested send documents to client 9. Does the attorney have to consult the Doctor before trial? RULE Cannot ask witness to leave Cannot offer witness to pay on contingency Can pay reasonable expert fees. 10. How does an attorney resolve a financial conflict between his client and the lien holding doctor? FORMAL OPINION IF P INSTRUCTS ATTY NOT TO PAY THE DOCTOR, THEN ATTY IS IN CONFLICT. A] ATTY CANNOT REP P OR DOCTOR B] SEND LETTER TO BOTH P AND D RE THE CONFLICT C] IF NO SETTLEMENT, ATTY ADVISED TO D] FILE INTERPLEADER AND SEND DISPUTED FUNDS TO SUPERIOR COURT. 3

4 Current Rules of Professional Conduct, State Bar of California 1. Professional Integrity in General Rule 1 100: Rules of Professional Conduct, in General Rule 1 120: Assisting, Soliciting, or Inducing Violations Rule 1 320: Financial Arrangements with Non Lawyers Rule 1 400: Advertising and Solicitation 2. Relationship Among Members Rule 2 200: Financial Arrangements Among Lawyers RULE : Sharing legal fees with a non attorney even promising anything beforehand, any gift or gratuity is a violation. 3. Professional relationship with clients Rule 3 100: Confidential Information of a client Rule 3 200: Prohibited objectives of employment Rule 3 210: Advising the Violation of Law Rule 3 300: Avoiding Interests Adverse to a client Rule 3 310: Avoiding the representation of adverse interests Rule 3 400: Limiting liability to Client Rule 3 410: Disclosure of professional liability to insurance Rule 3 510: Communication of Settlement Offer 4. Financial relationship with clients Rule 4 100: Preserving Identity of funds and property of a client Rule 4 200: Fees for legal services Rule 4 210: Payment of personal of business expenses incurred by or for a client to 4

5 Key Ethical Questions: 1. Must a DC give the names of at least 3 attorneys when making a legal referral? 317. Unprofessional Conduct. The board shall take action against any holder of a license who is guilty of unprofessional conduct. A plea or verdict of guilty, or a plea of nolo contendere is deemed to be a conviction within the meaning of the board's disciplinary provisions Commission of any act involving moral turpitude, dishonesty, or corruption 2. May a Chiropractor send a dozen roses with chocolates from Switzerland thanking an attorney for a PI referral? The offer, delivery, receipt, or acceptance by any person licensed under this division or the Chiropractic Initiative Act of any rebate, refund, commission, or other consideration, as compensation or inducement for referring patients, clients, or customers to any person, is unlawful. The participation in any act of fraud or misrepresentation; The offering, delivering, receiving or accepting of any rebate, refund, commission, preference, patronage, dividend, discount or other consideration as compensation or inducement for referring patients to any person. 3. May a Chiropractor advertise that he or she is a personal injury specialist? Advertising or Soliciting for Patients NEW YORK STATE Keep in mind the following when advertising or soliciting patients: You have the responsibility for substantiating any claims you make relating to professional services or products; the burden of this proof is with you, not your patient. Avoid claiming professional superiority in any area of practice. You may inform the public of any practice specialization credential(s) you have earned that are generally accepted by the profession. 3. Continued. Chiropractic Initiative Act Board of Chiropractic Examiners 10. Rules of professional conduct; denial, suspension or revocation of license; reissuance The advertising of any means whereby the monthly periods of women can be regulated will treat, cure, or attempt to treat or cure, any venereal disease, or will treat or cure, or attempt to treat or cure, any person afflicted with any sexual disease, for lost manhood, sexual weakness or sexual disorder or any disease of the sexual organs 4. Is a DC required to have each PI patient sign an informed consent form? 5

6 5. May a DC bill the patient s health plan and med pay simultaneously? BUSINESS AND PROFESSIONS CODE SECTION 810 INSURANCE FRAUD 810. (a) It shall constitute unprofessional conduct and grounds for disciplinary action, including suspension or revocation of a license or certificate, for a health care professional to do any of the following in connection with his or her professional activities: (1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. (d) As used in this section, health care professional means any person licensed or certified pursuant to this division, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act. 1. New Law: Corenbaum and Carter 6. If the patient is dramatically injured, but the lawyer tells you there is minimal insurance money what is the Doctor s duty to furnish care? Review lien agreement with patient 1. Suggest a cash program 2. Or suggest a referral 7. If the attorney intercepts your med pay what ethical or legal options do you have? Two steps: 1. Have patient sign a demand letter OR 2. Suggest to the patient to consider a second opinion. 8. Do you have to furnish your records or a report to an uncooperative attorney? Health and Safety Code Sections The Legislature finds and declares that every person having ultimate responsibility for decisions respecting his or her own health care also possesses a concomitant right of access to complete information respecting his or her condition and care provided (9) A chiropractor licensed pursuant to the Chiropractic Initiative Act May a doctor promise to discount his bill at the beginning of care? People v. Hering (1999) 20 Cal. 4th 440 [84 Cal. Rptr. 2d 839, 976 P.2d 210] (a)any adult patient of a health care provider, and any patient representative shall be entitled to inspect patient records upon presenting to the health care provider a written request forthose records and upon payment of reasonable clerical costs incurred in locating and making the records available. (b) Additionally, any patient or patient's representative shall been titled to copies of all or any portion of the patient records (a) Providers of health services have an obligation, if the licensee ceases operation, to preserve records for a minimum of seven years following discharge of the patient, 6

7 10. Must a doctor testify in court? CCP : California Code Section Any person who is subpoenaed to appear at a session of court, or at the trial Any failure to appear pursuant to such agreement may be punished as a contempt by the court issuing the subpoena. A party desiring to depose any expert witness; a treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons Bonus Questions: What is the liability of the DC for failing to refer to an MD or MD failing to refer to a DC? BCE RULES AND REGULATIONS 317. Unprofessional Conduct. The board shall take action against any holder of a license who is guilty of unprofessional conduct Unprofessional conduct includes, but is not limited to, the following: (w) Not referring a patient to a physician other licensed health care provider who can provide the appropriate management of a patient's injury within his or her scope of practice, if in the course of a diagnostic evaluation a chiropractor detects an abnormality that indicates that the patient has a injury that is not subject to appropriate management by chiropractic methods and techniques. 7 New Ideas