No More "Runners" In Washington, D.C.

You are presented a totally false picture of the "law". The law does not cover attorneys, it clearly states it covers "practioners" persons licensed by the Mayor. Attorneys are not licensed by the Mayor, the rules to become an attorney and the rules governing attorney behavios are derived from Rules of Court of Appeals. Title 3 of the Constitution and Home Rule. Only the Courts can enforce actions against attorneys and/or proscribe their conduct, it is called the "Bar Rules", Rules of Professional Conduct, ever hear of them. It is rediculous to think the Council even has the ability to legislate attorney conduct, to modify Bar rules or to crcumvent legal attorney advertising. Attorneys have been and will continue to abide by Rule 7.1, which allows attorney direct solicitation, with legal safeguards. The attorneys I work with will continue to abide by our legal rights under 7.1, and the Council's law, illegal as it is, does not apply to attorneys.
Try to act more professional before writing stupid opinions

Thanks for posting. As you know, Washington, D.C. was the LAST jurisdiction in the country to ban the practice of permitting "runners" to buy up list of police accident reports and track down accident victims either in the hospital or in their houses. (Just last week a client reported to me that he was approached at 7 a.m. in his Virginia house the day after a D.C. accident with one of your ilk offering to "set him up" with physical therapy and an attorney.)

The vast majority of attorneys who previoulsy used "runners" as a marketing tool have stopped--perhaps realizing that now it is not only illegal but, from a marketing perspective, how could it be good to be perceived to need to hire "runners" to "chase" cases for you.

However, what you are saying is that the attorney you are working for it blatantly diregarding the law.

Interesting.

Wanna tell us who it is? Probably not.

Look, if the person you work for honestly believes that the law doesn't apply, or is wrong, or doesn't apply to your work for him or her, there are LEGAL ways to challenge the law.

For now, the practice is illegal and consumers are urged, that if approached by a runner...try to get the name of the attorney and/or health care practitioner involved. You can fax that info to me at 703-783-0686 and I'll pass it on to the authorities.

In my opinion, the DC anti-runner legislation entirely violates the First Amendment, for the reasons set forth in my letter to the D.C. Council, at http://www.markskatz.com/dcLawyers.htm .

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Jon Katz
Criminal Defense Lawyer for MD, DC & VA
MARKS & KATZ, LLC
Silver Spring, MD 20910, (301) 495-4300
Underdog Blog: http://www.markskatz.com/JusticeBlog

Ben -

You are right. Runners have no place in the legal system. Not only do they potentially "create claims" but they give us all a bad name. No attorney should support this type of behavior. You don't see doctors hiring runners to get patients!

Jonathan

While it might be self-serving at this point to stand on the bully pulpit and damn all who practice law through use of accessing a PD-10 accident report, one ought to think very carfuly in-terms of there support for creating the lynch-mob mentality between lawyers that is currently breeding in DC becuase of this new law.

FACT: Yes, this law does criminalize attorney's if they are accussed and fined.

This law falls under title 22-23 of the DC crimminal code. If fined it also opens up the attorney to disbarment proceedings (by its placement in the criminal code)

FACT: A DC Superior Court Judge (Henry Green)Recently ruled that use of the definition "Practitioner" does also apply to lawyers regardless of the DC Court of Appeals definition simply because according to Green, "This bill is a consumer protection bill and use of the word practitioner can be broad in its coverage".

FACT: Stop talking about Runners. Thier gone by simple resolution of 7.1 of the DC Bar Code of ethical standards which takes effect February of next year.

This law was not designed to elliminate runners. The architects of the legislation already knew the Bar was poised to pass its own measure for its membership as it appropriatly should. This law was passed for economic advancement by lawyers against lawyers.

I defy any suupporter of this bill out there (and I'm talking to the perssonal injury attorney's) to step up and tell me you do not have a problem with the current predatory practice being done to injury victims by insurance agents who now have unbridled access to PD-10 documents and force heavy handed qiuck settlement offers to victims who have not been advised of thier rights by an attorney. And many of these settlements are done against individuals who od not speak english yet are encouraged to sign english written docs.
(And dont' give me the BS that there is 15 day right of ressicion in the law.
You want to spend the nexts five years fighting the insurance companies attorney's, knock yourselves out)

This is anything but a consumer protection law.

More importantly, this law violates equal protection and the separation of powers between the judicial and legislative branches. It has essentialy created a black hole by which future legislation of a much more agressive nature may be enacted against barristers by the legislature if so deemed.

Whats nexts, regualtion of attorneys fees and limits on billable hours. Why not you guys cost to much already. Sounds crazy? well with this law in existance it's not, and if you think theres no one out there thinking of something as absurd as I have just suggested, You need to get into a new line of work.

Stop going after each other and instead unite under one banner and fight this outrage that has been thrown upon your profession by opportunistic amatures.

A recent suit to dismiss this law was filed by Scott Bergman Esq. and Robert Berkibile Esq. in the DC Superior Court on October 31st of this year. They are represented by Harold Brazil a DC attorney and former DC Councilman for 16 years.

Their law suit has legs. I strongly urge all interested parties to contact them for further information on how to join this challenge and set the record straight once and for all!

Mike Jones

Ben's Comment:

If anyone has scanned pleadings in the case Mike mentions we'd be happy to make them available to all.