THE DISHONEST CLIENT - A LAWYER’S BIGGEST NIGHTMARE
Approximately three weeks ago, I was contacted by clients who allegedly sustained catastrophic injuries. When I initially went to meet the clients, he and his wife provided me with convincingly and tearful recollections of a catastrophic accident in which they were allegedly passengers in a commercial transportation vehicle operated by another commercial vendor that was allegedly struck broadside, rolled over, and ejected the passengers, the result being multiple internal injuries, broken bones, scarring and extensive hospitalization. The initial meeting was quite emotional as the alleged clients were tearful, with other family members attempting to calm them down. The next day I went to my office and met with our staff and investigators and over the process of the next 24 hours learned that these clients were, in fact, imposters attempting to secure financial benefits for themselves by attempting to defraud our office, financial institutions, and potentially an insurance carrier. As we continued to investigate the matter, we also learned that these individuals had contacted other law firms in the same manner.
At the Philadelphia personal injury law firm of Reiff and Bily, we are committed to representing honest clients and cautiously practice law with the motto that today’s best client can be tomorrow’s worst enemy. The dangers posed to lawyers and law firms representing dishonest clients are clear. Often, we read news reports or allegations whereupon law firms are cited for aiding and abetting the dishonest clients’ fraud or misconduct therefore harming other innocent third parties. Not surprisingly, the Insurance Information Institute has estimated that insurance fraud accounts for 10% of property/casualty insurance industry’s incurred loss and loss adjustment expenses of about $30 billion dollars a year. Common frauds include padding or inflating actual claims, misrepresenting facts on insurance applications, submitting claims for injuries or damages that never occurred, and staging accidents.
The National Insurance Crime Bureau has identified ten cities with the highest numbers of staged auto accidents. One of the many types of staged accidents involves a vehicle that is positioned in front of an unsuspecting motorist with a sudden application of brakes causing a rear-end crash.
Philadelphia, Pennsylvania is the number 5 city in the United States with the highest rate of automobile insurance fraud. Just as many alleged clients attempt to commit fraud, unfortunately, so too is the case with many lawyers or healthcare providers. In any profession, there is occasionally a member who is dishonest. Although not all professions or industries protect victims of their dishonest members, the legal profession has generally offered financial protection to members of the public whose money has been stolen by their lawyer or whose lawyer has committed a fraud.
I have been practicing law in Philadelphia, Pennsylvania since 1979 and I can honestly state that I am privileged to work among some of the finest lawyers in the United States who adhere to the highest standards of diligence, excellence and honesty. Occasionally, I have come across some dishonest, unscrupulous lawyers. As Abraham Lincoln once quoted to prospective lawyers “If in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. “ In 1850 Abraham Lincoln delivered a law lecture and stated that the leading role for the lawyer, as for the man of every other calling, is diligence. Leave nothing behind for tomorrow which can be done for today. Never let your correspondence fall behind. Whatever piece of business you have in hand before stopping, do all the labor pertaining to it which can then be done. If you are examining a law point, be involved. Examine the books and note the authority you rely upon, the declaration itself. Examine everything. Avoid omissions and neglect. He goes on to say there is a vague popular belief that lawyers are necessarily dishonest. I say vague because when we consider to what extent confidence and honors are reposed and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet, the impression is common almost universal. Yet no man choosing the law for a calling for a moment yield to the popular belief - resolve to be honest at all events; and if in your judgment you cannot be a honest lawyer, resolve to be honest without being a lawyer.
One may argue that the market for legal services and a lawyer’s sense of professional obligation profess one not to reveal truths. However, this lawyer would argue that the truth is ultimately always revealed in good facts and good facts make good lawyers. It is bad facts and bad clients that one would argue necessitate need to monitor a lawyer’s and claimant’s responsibility for truth telling. Oscar Wilde once observed that “The truth is really pure and never simple”.
In recent times of economic hardship and political campaigns, I am finding that truth is seemingly no longer a cherished commodity by many people. As the Presidential election looms upon us, I constantly watch CNN Fact Checker to determine which candidate is more truthful than the other. Not so surprisingly the alleged fact or “truth” is often embellished, misquoted or just plain “not so”.
As advocates for our clients, we have and expect that the client shares a truthful and accurate recollection of the facts from the outset. Trial lawyers must be committed to present their clients and cases to the courts in the light most favorable to their clients and must remain committed to the search and presentation of the truth. As my grandfather was fond of saying, and as I dutifully remind my children and clients, ”The truth always surfaces.”
The Philadelphia personal injury law firm of Reiff and Bily is committed to the honest and zealous representation of catastrophically injured individuals. Our successful track record since 1979 speaks for itself. If you or a loved one has been injured in an accident, please contact us for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.
