There has been alot of questions asked on this forum as well as other forums regarding the legality or illegality of a private investigator giving legal advice to clients that are unrepresented. During any private investigation course, we are informed of the private investigator legal terms and definitions, laws, rules and regulations. The questions were clear, as asked by some...can laypersons or nonlawyers assist those without representation?
I sought the advice of our corporate attorney, I questioned an assistant United States attorney general, I even asked a couple of federal magistrates from the western district and the eastern district regarding the question. From their advice, this is what I was given:
"Litigants can be assisted by unlicensed laymen during judicial proceedings".Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425
"A next friend is a person who represents someone who is unable to tend to his or her own interest".Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend"
"Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969)
So you be the judge. These citations were given to me by those that were questioned. Merely stating that some act is legal or illegal is not "unauthorized practice of law". According to those questioned, the unauthorized practice of law is actually advocating that he/she is an attorney, attempting to represent someone in a court of law as an attorney and so forth. Just FYI for those that were wondering. It is advisable that you contact your own attorney for legal advice as I did mine.
Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts
Wednesday, April 25, 2007
Friday, January 12, 2007
Workers Compensation Claims Question
"Bill" submits this question:
I am doing a sub contract job for a Private Investigator who has a client who is a business owner and has hired this P.I. to investigate some of his employee's workers compensation claims that the insurance company will not do. The goal is to get enough evidence for a criminal filing for insurance fraud if enough evidence can be found. The Private eye has been asked to act as a safety consultant" in order to have a pretext to talk to these employees about their cases. This PI has asked me for advice.
Although I told him I didn't feel this sounded either legal or ethical I've been in the business only a couple of years and there may be some information out there I'm not aware of. I'm not asking for legal advice but was hoping someone out there may have had a similar situation and could pass on some information.
Any advice or past experiences would be appreciated.
Here are some answers which were provided:
I don't know the legalities of it; but ethically it is the employer that gets the hit on his disability premium when the employees go out. It seems to me he has the right to get them checked out himself. If all else fails as "Safety Consultant", if your friend finds some blatant safety problems for the owner of the business and it helps him reduce the hazards all the better. -D.H.
You may want to have your friend read what the California Labor Code says about this. Insurance companies have an obligation to investigate fraudulent claims. The problem is that when an examiner has 800 open cases (that's not an exaggeration) sitting on his desk, the only way he learns of the fraud many times is when he gets a tip from the employer. Each insurance company is different. Some may take the information obtained from the employer and run with it. Others will not touch it because the chain of custody may be tainted. The insurance company is supposed to be looking out for the employer but everyone knows that in the end,....they're looking out for themselves and their exposure. Evidence obtained by the employer (or employer's PI) and given to a good worker's comp defense attorney will go a long way in getting the insurance carrier to step up to the plate and do the right thing. When looking at a large exposure, this may be well worth the effort. A few years ago a study was conducted that found for every $1.00 spent on investigations, $38.00 was saved on fraudulent/exaggerated workers' compensation insurance benefits. -B. V.
There wouldn't be a problem, unless the Claimants are represented by legal counsel. Your friend would also have to follow the insurance laws in your state; I would suggest he talk to a couple of local adjustors and risk managers. -S.H.
I am doing a sub contract job for a Private Investigator who has a client who is a business owner and has hired this P.I. to investigate some of his employee's workers compensation claims that the insurance company will not do. The goal is to get enough evidence for a criminal filing for insurance fraud if enough evidence can be found. The Private eye has been asked to act as a safety consultant" in order to have a pretext to talk to these employees about their cases. This PI has asked me for advice.
Although I told him I didn't feel this sounded either legal or ethical I've been in the business only a couple of years and there may be some information out there I'm not aware of. I'm not asking for legal advice but was hoping someone out there may have had a similar situation and could pass on some information.
Any advice or past experiences would be appreciated.
Here are some answers which were provided:
I don't know the legalities of it; but ethically it is the employer that gets the hit on his disability premium when the employees go out. It seems to me he has the right to get them checked out himself. If all else fails as "Safety Consultant", if your friend finds some blatant safety problems for the owner of the business and it helps him reduce the hazards all the better. -D.H.
You may want to have your friend read what the California Labor Code says about this. Insurance companies have an obligation to investigate fraudulent claims. The problem is that when an examiner has 800 open cases (that's not an exaggeration) sitting on his desk, the only way he learns of the fraud many times is when he gets a tip from the employer. Each insurance company is different. Some may take the information obtained from the employer and run with it. Others will not touch it because the chain of custody may be tainted. The insurance company is supposed to be looking out for the employer but everyone knows that in the end,....they're looking out for themselves and their exposure. Evidence obtained by the employer (or employer's PI) and given to a good worker's comp defense attorney will go a long way in getting the insurance carrier to step up to the plate and do the right thing. When looking at a large exposure, this may be well worth the effort. A few years ago a study was conducted that found for every $1.00 spent on investigations, $38.00 was saved on fraudulent/exaggerated workers' compensation insurance benefits. -B. V.
There wouldn't be a problem, unless the Claimants are represented by legal counsel. Your friend would also have to follow the insurance laws in your state; I would suggest he talk to a couple of local adjustors and risk managers. -S.H.
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