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This sounds like a situation where you should be getting legal advice, especially if you want to communicate directly with a client. Does the settlement specify how communication would be handled? That's the first thing to ascertain. There's a very good chance that the client would not want to speak with an insurance company, and trying to speak to them could create issues. Again, best to get some legal advice before proceeding.
You need to get that information from the attorney. Don't ask the client, they are unsophisticated (which you'll probably take advantage of anyway...) and usually do not know the answer.
I figured I asked around as there seems to be a spilt on this question. I have asked a few different attorneys employed by the insurance company and get a spilt between yes and no to this question. I’m investigating an attorney suspected of “solicitation” they have received board actions before regarding this and I have reasons to believe they are doing it again.
Of course the only real way of knowing this is speaking to that client on how they got in contact with the attorney.
I’m looking at the clients as witnesses not to go after their settlement.
The medical providers the attorney is using I am also investigating as they are using non-FDA approved medical equipment which has also been recalled.
I think it’s a grey area. You’re going to want a legal opinion from your company. Another potential issue - depending upon how old the claim is and how disgruntled the claimant is, you may get unreliable information.
I agree. I think I’ll just call the attorneys directly and find out. It would be the safest option.