Beware, Lawyer: Fishing Clients Are Banned in Disasters Like Dana (and Here’s Why)

The flow of solidarity that appeared after the terrible damage that destroyed several cities in the region of Valencia, Albacete, Cuenca and the Andalusian community as well. moved the legal department. Law firms, freelancers, institutions and companies are offering their help to those affected: from practical guidelines for claiming compensation to providing their expert knowledge for free. In the midst of this tragedy, the General Council of Spanish Lawyers (CGAE) launched last week warning about the ban on advertising advice legal aid for victims, reminding lawyers of the red lines they should not cross in their desire to help those who have lost everything.

Five Days interviewed Manuel Matathe president of the CGAE deontological commission, to whom several complaints arrived, to clarify the scope of the ban. The key, Mata says, is not to advertise the company when offering help, even if it’s free. That is to say, what is ugly is for the lawyer to market in the middle of a disaster to position his firm or get clients when they are unable to “find out which lawyer who is interested in it,” Mata explained. “There is no way to prevent free advice for those who are affected by dana personally or through associations; total loyalty,” he clarifies. But, he emphasizes, “you have to be careful about advertising.”

Leaving the professional card in a funeral home or hospital, uploading a post on social networks aimed at those affected by the company’s logo and contact phone number, or having ‘hanging posters or launching leaflets in the affected areas are examples of poor control or very poor control. crimes.

The reason is a direct result of the Crime Victims Act 2015 prohibiting solicitors and solicitors from dealing with “direct or indirect” victims of “disasters, public disasters or other events that resulted in a high number of victims” to offer them. their professional services “up to 45 days from the event.”

“The legislator understands that they are not willing to receive these offers,” explained Mata, and that is why he is setting a temporary window of one and a half months that will allow them to choose in a more thoughtful way who protect their rights.

Why does the obligation only affect lawyers and solicitors? Manuel Mata believes that the work of these professionals affects a fundamental right and, moreover, it is an end that “respects the profession”, avoiding the caricature of the relevant lawyer in American films.

Both the General Statute of the Legal Profession and the code of ethics prohibit advertising that involves offering their services, either by themselves or through third parties, to victims of accidents or misfortunesfor their heirs or assigns, at a time when they are not at full liberty to choose a lawyer because they are suffering from recent personal or general misfortune. In any case, up to 45 days after the event. Pulling the thread becomes complicated when intermediary companies enter the violence. The legal profession can only take actions for breach of deontology in front of the members, Mata clarifies.

Unfaithful

A ban on advertising in these circumstances goes at the same time Rafael del Rosala lawyer expert in deontology, “basically means the cessation of communication activities directly or through third party media, such as the media and other hooks, to those affected by a disaster, accident or crime of your capacity as a lawyer or of the firm.”

The lawyer warns that this type of offers can also represent a “violation of the rules that govern fair competition in the legal profession.” Del Rosal goes further and points out that free advice can be an emotional hook to attract clients and “selling at a loss” is allowed in the Unfair Competition Law. The lawyer puts his finger on the risk of bar associations carrying out certain initiatives. “Free justice services already exist and the intervention outside of them constitutes an activity outside the institution that may be a third party for the purposes of the aforementioned orders, which ‘help groups of law firms or lawyers over others,’ he defends.

The CGAE advises those who want to share their knowledge independently to do so through the channels that the professional associations facilitate. Legal guidance and training is the responsibility of these institutions.

In times of crisis, law firms must change their conversation. “It is very important to avoid any message that could be interpreted as opportunistic or insensitive in times of hardship,” he emphasizes. Sarah Santosfounding partner of Venize, a communications consultancy specialized in the legal sector. Companies must respect deontological limits and, therefore, “must refrain from any promotion aimed at those affected during this period,” explained Santos. However, the these times are a good time to show your social commitment by participating acts of loyalty “without detracting from professional work.” For example, offering free advice through channels authorized by schools “as long as it is done without motivational reasons. “