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 Indeed, in the hours following the Metro-North train derailment
just outside Manhattan on Sunday that claimed four lives and
critically injured 11, New York lawyers began marketing their
services on the Internet, delivering messages of sympathy along with
descriptions of their law practices.
In New York, as in several other states, lawyers are barred from
directly soliciting business from victims for 30 days following an
accident. That rule was enacted in the wake of a fatal ferry crash
in New York Harbor in 2003 that claimed 11 lives and touched off
what many considered a feeding frenzy by lawyers trawling for
clients.
But that prohibition has generally been interpreted as applying to
in-person and targeted solicitations, not general marketing or
advertising, say legal ethics experts.
So while many critics, including the more button-downed legal
establishment, frown on the practice of soliciting, for lawyers who
make their living representing accident victims — and who claim a
portion of whatever money their clients recover in court — the fatal
train derailment was a call to action.
Personal-injury law firm Omrani & Taub, for instance, on Monday
published a blog post about the legal procedures for suing the
parent of Metro-North, the state-run Metropolitan Transportation
Authority (MTA).
The "team of attorneys at Omrani & Taub, P.C., who have vast
experience successfully suing the MTA and Metro-North," the firm
wrote, "should be consulted by anyone wishing to sue the MTA,
Metro-North or any of its employees."
Another New York personal-injury lawyer, David Perecman, stated in a
news release that he has been representing injury victims in train
accidents for over 30 years.
"My thoughts and prayers are with the survivors and the families and
the friends of the victims of the recent train derailment during
this difficult time," Perecman said. "We stand ready to help those
in need as the causes of this accident are still investigated."
OFFER OF SERVICES
And anyone searching for the terms "Metro-North or "train
derailment" on YouTube since Sunday may have come across a video of
New York attorney Mitchell Proner speaking about his legal
experience. The video makes no reference to the accident, but it
includes a phone number next to the phrase "Metro-North Train
Derailment Bronx, NY — Call Lawyer."
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Both Proner and a lawyer from Omrani & Taub said their messages did
not constitute solicitation and were appropriate and even helpful.
The public "has a right to know what's going on," Proner said.
Perecman did not respond to a request for comment.
Legal ethics rules in New York define the prohibited solicitation
after an accident as any communication "that is directed to, or
targeted at, a specific recipient or group of recipients, or their
family members or legal representatives, the primary purpose of
which is the retention of the lawyer or law firm, and a significant
motive for which is pecuniary gain."
That definition leaves a lot of room for interpretation, and one
legal ethics scholar said that news releases and other messages
touting a firm's expertise or describing the right to sue are not
banned.
An improper solicitation "is targeted at one person or small number
of persons with regard to a particular matter," said Stephen Gillers
of New York University School of Law in an email. An acceptable
advertisement, on the other hand, "is directed at the general public
or a significant part of it," he said.
A spokeswoman for the New York State Bar Association, which develops
professional guidelines for lawyers in the state, said the
association had not received any complaints about solicitations
stemming from the Metro-North accident.
The association did, however, issue what a spokeswoman described as
a routine warning to its 76,000 members to avoid "unwarranted
solicitation" of victims.
"It is important for all of us in the legal community to recognize
the importance of respecting the privacy of the victims and their
families," David Schraver, association president, said in a statement.
"The decision to retain counsel is an important one and should not
be made under pressure."
[By Andrew Longstreth]
(Reporting by Andrew Longstreth; editing by Eric Effron and Philip
Barbara)
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