Ambulance Chasing Lawsuits: Litigation, Extortion and Lawyer Complaints
Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2013/12/28 - Updated: 2025/03/04
Publication Type: Informative
Category Topic: Lawyers and Rights - Academic Publications
Page Content: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This information digs into the murky world of "ambulance chasing" and barratry, explaining how some lawyers exploit vulnerable folks - like those with disabilities or seniors - by pushing frivolous lawsuits for profit. It breaks down the legal definitions, highlights the ethical violations involved, and gives practical advice on spotting and reporting shady lawyer behavior. The article provides a comprehensive overview of ambulance chasing lawsuits, barratry, and unethical lawyer conduct. It offers valuable insights into the legal and ethical implications of frivolous litigation and harassment through the legal system. The information is particularly useful for people with disabilities, seniors, and anyone who might be vulnerable to predatory legal practices. By explaining key concepts such as barratry, extortion, and the proper channels for filing complaints against lawyers, the article equips readers with knowledge to protect themselves from unscrupulous legal professionals. It also highlights the importance of understanding one's rights and the ethical standards that lawyers are expected to uphold, making it a helpful resource for those navigating the complex world of legal representation - Disabled World (DW).
Introduction
What is an Ambulance Chaser?
The English idiom ambulance chaser refers to someone, most often a lawyer, who attempts to profit from an injured person's accident by trying to convince that person to sue. Ambulance chasing is prohibited in the United States and Australia. In the U.S. such conduct violates the American Bar Association Model Rules of Professional Conduct. Some bar associations strongly enforce rules against ambulance chasing, also known as barratry.
Main Content
TheFreeDictionary defines an ambulance chaser as an attorney who seeks to profit from someone's injury or accident; also, an inferior lawyer. The practice of suing for damages on behalf of the injured person in exchange for a contingency fee - usually a large percentage of the amount won.
Wikipedia defines ambulance chasing as a professional slur which refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing" comes from the stereotype of lawyers that follow ambulances to the emergency room to find clients. The phrase ambulance chaser is also used more loosely as a derogatory term for a personal injury lawyer.
What is Barratry?
Barratry, as defined by Wikipedia, is a legal term with several meanings. In common law, barratry is the offense committed by people who are "overly officious in instigating or encouraging prosecution of groundless litigation" or who bring "repeated or persistent acts of litigation" for the purposes of profit or harassment.
Several jurisdictions in the United States have declared barratry (in the sense of a frivolous or harassing litigant) to be a crime as part of their tort reform efforts. For instance the Revised Code of Washington 9.12.010 states - according to Wikipedia:
"Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not, in fact, a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state."
Attorneys who repeatedly take ridiculous cases with no legal merit can, and frequently do, get disbarred.
Contingent fee setups also offer a strong disincentive to accepting questionable cases, as the prospect of eating the cost of an unsuccessful case is something that gives most attorneys a very good reason to make a solid inquiry into the facts of the case before choosing to pursue it.... in several European countries which follow civil law jurisdiction rather than common law, this kind of practice is explicitly prohibited: one must not gain benefit from injury and/or compensations.
When Does A Demand Letter Become Extortion?
When the plaintiff attempts to threaten the defendant with some consequence beyond the mere pursuit of the lawsuit, like exposing them to embarrassment or criminal prosecution.
An attempt to obtain money from someone else by threatening to expose them or report them to the authorities arguably constitutes embezzlement or blackmail... The U.S. Model Rules of Professional Responsibility have a relevant rule, Rule 4.4 ("Respect for Rights of Third Persons"), which says:
"in representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person..."
How Can I File a Complaint Against a Lawyer?
If you have concerns about the ethical conduct of a lawyer, you can file a complaint and go after their license and reputation.
In the United States, each state has a different organization that reviews complaints against lawyers. In many states, a division of the courts handles these complaints. This is typically referred to as the disciplinary board. Some states rely on their state bar associations to discipline their attorneys.
Other Related Resources
Rule 7.3: Direct Contact with Prospective Clients - Information About Legal Services - Rule 7.3 Solicitation of Clients:
A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted.
As one legal blogger put it:
Go ahead and file the suit tomorrow if that's in your client's best interest. But if I receive any more communication from your office beyond that this matter is dropped, I will sue your client and sue you personally for malicious prosecution."
Disclaimer:
The information in this blog post ("post") is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Disabled World or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.
Insights, Analysis, and Developments
Editorial Note: Understanding the nuances of barratry is crucial in safeguarding the integrity of legal systems and protecting vulnerable populations from exploitation. By shedding light on unethical practices like ambulance chasing, this information empowers readers to recognize and report misconduct, thereby fostering a more ethical legal environment. While the legal system is designed to protect and serve justice, it's crucial to remain vigilant against those who might exploit it for personal gain. As our society continues to grapple with issues of accessibility and equality, particularly for individuals with disabilities and seniors, understanding the nuances of legal ethics becomes increasingly important. Though the legal system can be a lifeline for those seeking justice, the underbelly of barratry exposes a grim reality where greed preys on the unsuspecting - often the elderly or disabled, who deserve better than to be pawns in profit-driven schemes. We ought to keep pushing for tighter ethics in law, not just to slap wrists but to rebuild trust, because when the vulnerable get played, it's not just a courtroom loss; it's a gut punch to fairness itself. By staying informed and holding legal professionals accountable, we can work towards a more just and equitable legal landscape for all - Disabled World (DW).
Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.