Ethics question: Just got a call from a close friend. Their personal injury attorney hasn’t been giving them an update on their case. Recently, he told my friend that he called another PI firm on their behalf and that the other firm wants to take the case. When my friend called the other firm, it had no idea what she was talking about. She called her attorney again, who explained that if she calls the other PI firm & asks for the intake department and they will handle it. Unethical?

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The part about calling for their intake department sounds normal to me. We refer/get a lot of referrals and they call go through the intake department. If the current firm just handles settlements and they can’t settle the case then they may have referred the case to a firm that will litigate it, but they should let the client know of that update first before sharing client information with another firm. They should have gotten your friend’s permission first.

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Not much of an ethical issue here. The original PI firm probably has too many cases to handle, and they want to refer the case out to another firm who can give more attention to the case which explains the lack of updates. Remember, your definition of updates are different then what is reasonable for an attorney. Typically the customary practice is every 30 days to check in on the client. However, clients expect updates every day/week and assume they are the only client. Discussing the facts of the case with another firm to see if they would accept the case is not unethical. Obviously it would be up to the client to see if he or she wants to go with the other firm. The original PI firm could drop the client for any reason.

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Sounds like they don’t want to deal with your friend’s case.

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Did your friend and the corresponding attorney sign a retainer?

Pick up your entire file from the counsel and go to the new office.

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