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hello everyone i haven't posted in a little while and um i'm going to i'm working on the last october ones i just i've been really busy but i am going to get the october um essays um finished and then recorded i just haven't done it yet but what i would like to talk about today do a quick lesson in ethics as you know or should know um ethics is taught 150 of the time or i'm sorry tested 150 of the time on the bar generally which means it's usually on two two of the essays so um today's lesson is settlement communications i've heard stories about these but i've never actually received one okay so i have been doing this for what three and a half years now and i've sent out many many demands i've received many many letters from insurance companies i've never had one like this this is one of those that they show that they turn around in ethics class to um pass out and then what what not to do but that professor would have passed around as what not to do so this lawyer george maros in tallahassee sent me this response to a demand letter that i sent now when i send demand letters i don't um i don't send medical records because i i learned a while ago that they always want the original so instead what i do is i get all of the providers and my client signs a release for the pertinent time periods for each and every one of the providers which is what i did here so he makes a big show out of saying that i didn't send any records yeah that's because i sent the releases and then you call and i gave you extra time than i normally would give so you could have time to get the records and then you called me asked for another 30 days so you could get the records because i had given you the releases and you said and i said of course so i don't know why he's decided to make a point of that but i have noticed this and and i'm and i'm sorry about this because i think you guys are going to run into this um because i started practicing all so late you know i'm the 50 year old grandmother two kids and they're 31 and 27. um because i started practicing so late a lot of opposing counsels will look me up online and they think that i'm young i think they think i'm like i don't know 30 some years old 32 or something my daughter's age right and so they feel entitled to speak to me in a certain kind of way and i have a feeling that they're doing that because they think i'm young and that you guys are going to have to experience this so it makes me really mad when they talk to me like this and i i get something like i have 20 years of experience or 40 years of trial experience and i'm like well why don't you take your 20 or 40 years of a trial experience and do a pro bono case because i do with a lot of them i dare you just take one take your experience and do something good for the state but anyway i digress so i get this letter so it says starts off just it's got a nasty tone to start with me puts quotes you say that um as a direct result of consuming my client's product your client got sick i'm not going to say who the clients are what the product was but i said it because oh i don't know it's true um he makes a point of saying like i said that my the records don't show that the records i provided i didn't provide any and the records that he was supposed to get that he's had you know two and a half months to get did say that absolutely do say that um but that's not the word that really makes me mad then he goes into on the second page it's got a whole paragraph a mumble jumbo that is just nonsense it's certainly not i do have it i do have a background in medicine so i can read medical records very well so what he quotes as supposedly meaning something doesn't mean it at all it's just complete not i mean it's like complete nonsense and i guess he was trying to intimidate me by saying this was this on this date one year prior i'm like so i mean i didn't know that but if it's true it's not relevant to what we're talking about it's like saying well you stubbed your toe in 1986 so then when you had your car accident in 2012 um it's related no it's two separate things they're not related completely not related i mean this he even tells you why it's not related when he when he wrote he wrote he wrote additional information that literally states why it's not related but i guess he didn't know that because i don't believe he had a doctor read the records like there's usually due or supposed to um if he did he just ignored what the doctor said and wrote his own nonsense but okay then he talks about families nonsense completely nonsense then this is the part that really makes me angry then he decided to attack me personally so he went to my website and there's there's articles written there their doctors write those articles they're they're written from journals literal mds doctors write them um from journal articles and they are current information now if he doesn't agree with those journal articles or that doctor that's fine but he doesn't write it like that he writes it like a threat to me personally hmm he says as a licensed attorney you are aware that lawyers must not engage in false or misleading advertiser potentially misleading advertisements to solicit clients first of all i don't solicit clients i have journal articles written by doctors from uh peer-reviewed journals okay and even if they are that doctor's opinion and i'm not even sure what he's mad he's going on and on and on but he's attacking me personally you cannot do this guys you can't you can't do this you can't attack opposing counsel because at the top of this as you probably know or should know um settlement negotiations are confidential but when you attack opposing counsel that is this is not a settlement negotiation this is a threat that he wrote confidential at the time so that i don't turn it into the bar no this is a threat this is a bar ethics com it should be an ethics complaint i i'm probably not going to do that because i've already told him what i think of this i'm very upset with him and i'm going to use this to help other lawyers or training lawyers so i hope you guys learn from this you cannot do this you don't you don't go on opposing counsel's website and pick about every little thing and say make little comments and threaten opposing counsel he's threatening me first of all i don't solicit i've never solicited anyone in my life i have articles written and the doctors that wrote them out of the journals that they came from i stand by okay so you don't threaten opposing counsel in your denial letters now we also request you preserve all materials related to your advertisements and solicitations including any responses related to our client what without pertinent video content whether presently available or previously removed what so but you know what you understand what that is he's threatening me personally he's certain he needs to me to presume that preserve this is a pr preservation of evidence letter when something happens you know there's a cctv i'll send a preservation of evidence preserve this please he's telling me to preserve this because he's going to sue me jennifer ford in a settlement communications with my client so he's threatening me personally in order to get a better deal for his client or to get me to back down and not sue him okay this is a violation and he says he quotes a bar um he quotes bar rules and says that i'm violating the bar rules let's see we've identified examples of your firm's online advertisements elicitations that give us pause we ask that you assiduously remove rules 4 follow rules 4-7.14 and 4-7.13 rules regulating the florida bar and let us both focus on the true facts and applicable law wow what not to do in a settlement communication when you're trying to resolve an issue between clients you don't threaten the lawyer to try to get the lawyer to back down and not sue your client okay so i'm probably not gonna turn him into the bar i haven't decided i'm really mad um the thing is the thing that really upsets me about this is the reason it's so wrong is this might actually work on a young lawyer and then the client that has a legitimate issue with his client very legitimate absolutely i don't i don't sue people and i don't send demand letters unless i'm 100 sure of what i'm talking about i i'm not one of those ambulance chasers never done that i mean this is a serious serious case which is why he's threatening me the thing that scares me is that this would stop one of you guys from continuing do not let this intimidate you first of all don't ever chase an ambulance or send demands out of you know you don't have a good cause but when you have one do not back down from people sending you threatening settlement communications which are actually i mean let's call it what it is this is extortion it's my opinion is extortion it's definitely an ethics violation but i think in my personal opinion that it's extortion and i'm not happy about it do not ever do this don't ever do this come on guys we're better than this there's a hundred thousand strong of us and we need to have some ethics and we need to take some more pro bono cases especially all of you with 20 and 40 years experience do that make the world a better place um no don't ever do this bad no no never seen one like this you know i've seen it in my ethics class that the professor passed around but i've never actually seen one mailed to me or sent to my email not happy with you mr miros