Ambulance chasing
{{Short description|Soliciting for legal clients at a disaster site}}
{{Globalize|1=article|2=Western world|date=November 2023}}
{{Use dmy dates|date=August 2022}}
Ambulance chasing, also known as barratry, is an American term which refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing" comes from the stereotype of lawyers who follow ambulances to the emergency room to find clients.{{cite book | last1 = Garner | first1 = Bryan A. | title = Garner's Dictionary of Legal Usage | edition = 3rd | publisher = Oxford University Press | year = 2011 | isbn = 978-0-19-538420-8}} "Ambulance chaser" is used as a derogatory term for a personal injury lawyer.{{cite web |url=http://www.thefreedictionary.com/ambulance+chaser |title=Ambulance Chaser |publisher=The Free Dictionary |accessdate=2017-09-04 |quote=A lawyer who is eager to bring personal injury lawsuits.}} Ambulance chasing is also associated with runners and cappers, non-attorneys who are hired by lawyers to seek out client leads (such as through trawling social media feeds or directly soliciting the attorneys' services towards victims).{{cite web |last1=Grewal Law PLLC |title=What are "Runners" and "Cappers," and Why Should I Avoid Them? |url=http://www.4grewallaw.com/blog/2019/october/what-are-runners-and-cappers-and-why-should-i-av/ |website=Grewal Law PLLC |access-date=18 April 2025 |ref=Grewal Law PLLC |archive-url=https://web.archive.org/web/20230823203931/https://www.4grewallaw.com/blog/2019/october/what-are-runners-and-cappers-and-why-should-i-av/ |archive-date=23 August 2023 |date=8 October 2019 |url-status=live}}{{cite web |title=Business and Professions Code - BPC DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11 |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6151 |website=California Legislative Information |access-date=18 April 2025 |ref=California Code 6151 |archive-url=https://web.archive.org/web/20220325055949/https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6151 |archive-date=25 March 2022 |url-status=live}}{{cite web |title=Business and Professions Code - BPC DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11] |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6152. |website=California Legislative Information |access-date=18 April 2025 |ref=California Code 6152 |archive-url=https://web.archive.org/web/20220124232427/https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=6152. |archive-date=24 January 2022 |url-status=live}}
History
In 1881, Edward Watkin of the South Eastern Railway (England) complained about attorneys who solicited business from passengers after accidents:{{Cite book |url=https://www.gutenberg.org/files/31395/31395-h/31395-h.htm |title=Railway Adventures and Anecdotes |publisher=Hamilton, Adams, and Co. |year=1888 |editor-last=Pike |editor-first=Richard |edition=Third |page=269}}
{{blockquote|We had an accident, I may tell you, at Forrest-hill two years ago. Well, there was a gentleman—an attorney in the train. He went round to all the people in the train and gave them his card; and, having distributed all the cards in his card-case, he went round and expressed extreme regret to the others that he could not give them a card; but he gave them his name as ‘So and So,’ his place was in ‘Such a street,’ and the ‘No, So and So’ in the City. That was touting for business.}}
"Now, there is a very admirable body called the 'Law Association{{'"}}, Watkin added. "Why does not the Law Association take hold of cases of that kind?"{{r|pike1888}}
Description
Ambulance chasing is prohibited in the United States by state rules that follow Rule 7.3 of the American Bar Association Model Rules of Professional Conduct.{{cite web |title=Rule 7.3 Solicitation of Clients |url=https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_7_3_direct_contact_with_prospective_clients/ |website=American Bar Association |access-date=12 January 2021 |date=17 April 2019}} Some bar associations strongly enforce rules against ambulance chasing. For example, the State Bar of California dispatches investigators to large-scale disaster scenes to discourage ambulance chasers, and to catch any who attempt to solicit business from disaster victims at the scene.Nancy McCarthy, [http://archive.calbar.ca.gov/Archive.aspx?articleId=61497&categoryId=61298&month=3&year=2005 "Public protection takes center stage in disaster"] {{Webarchive|url=https://web.archive.org/web/20110811174430/http://archive.calbar.ca.gov/Archive.aspx?articleId=61497&categoryId=61298&month=3&year=2005 |date=11 August 2011}}, State Bar Journal, March 2005, pages unknown.
In the UK, Indicative Behaviour (IB) 8.5 of the Solicitors Regulation Authority Code of Conduct 2011 specifies that "approaching people in the street, at ports of entry, in hospital or at the scene of an accident" is to be taken as an indication of non-compliance with the SRA Principles.{{Cite web|url=https://www.sra.org.uk/solicitors/handbook/code/content.page|title=Code of Conduct|date=10 August 2019}}
Other uses
The term has also been used to refer to disreputable motorsport journalists who cover racing crashes in a tabloid journalism-style with little respect for those who may have been injured or killed.{{cite web | last=Goodwin | first=Graham | title=How DSC Got Here… | website=dailysportscar.com | date=10 June 2016 | url=http://www.dailysportscar.com/2016/06/10/how-dsc-got-here.html | access-date=20 April 2023}}
In scientific literature, the term "ambulance chasing" refers to a socio-scientific phenomenon that manifests as a surge in the number of preprint papers on a particular topic. In particular, it refers to interpretive papers published quickly after a new anomalous measurement has been produced.Mihailo Backović. [https://arxiv.org/abs/1603.01204 "A theory of ambulance chasing"]
See also
- NAACP v. Button (1963)
- In re Primus (1978)
References
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Category:Abuse of the legal system