Crime & Safety

Attorneys Say It's Illegal and Unethical to Approach Disaster Victims

Victims advised to not rush into a decision about hiring an attorney during an emotional crisis.

The State Bar Association of California issued a written warning immediately after the natural gas pipeline burst and leveled part of the Crestmoor neighborhood of San Bruno. It explained how attorneys have been known to delve into criminal conduct and deceive family members at hospitals, sometimes even telling hospital staff that they are relatives of the injured.

"It is both illegal and unethical for an attorney or someone acting on an attorney's behalf to make unsolicited contact with a potential client either in person or by telephone," wrote James Towery, a San Francisco-based chief trial counsel for the state bar. The statement described the behavior as especially serious when the solicitation is made at the scene of an accident or at a hospital when victims and family members are uncertain about legal steps and unable to exercise reasonable judgment.

John Digiacinto, executive director of the San Mateo County Bar Association, said he was pleased the state organization acted to alert the public about possible scams even though only a tiny percentage of attorneys would prey on somebody grieving.

Find out what's happening in San Brunowith free, real-time updates from Patch.

"That gives all of us a black eye whenever it happens," said Digiacinto, a lawyer for 32 years who on Monday visited the Local Assistance Center at San Bruno Veterans Memorial Recreation Center. "Most of us got into the profession to help people, so that flies into the face of what we're all about. When we hear about that kind of conduct, we're more angry than anyone."

Towery said vulturing lawyers are motivated by money, not acting in the best interests of the victims, and are careless in promising quick settlements with parties found to be at fault. Choosing an attorney is a process that should not be rushed, Towery said, and a client needs to be comfortable with the style and integrity of a prospective counsel. Past disciplinary actions against California lawyers can be found on www.calbar.ca.gov.

Find out what's happening in San Brunowith free, real-time updates from Patch.

"It is important to take the time to recover from the shock and immediate aftermath of the accident and to act with careful thought and the exercise of sound judgment," he said.

Lawyers have been known to hire "runners" or "cappers," people who make contact with victims with the hope of securing business. The practice is illegal and the hired hands are punishable by up to a year in a county jail upon a first conviction plus a fine of $15,000. Attorneys can be disbarred and face legal consequences, but Digiacinto added, "There are unlicensed people acting as lawyers but who aren't, and that happens more than you'd know."

The same precautions are being taken in the contracting industry. Unlicensed contractors tend to swarm to disaster areas looking to make a buck, and victims need to be wary of hiring anyone within the first few weeks while they're emotionally shaken, said investigator Ricardo Lopez of the Contractors State License Board.

"We have to be proactive because the word needs to get out before these people get here," said Lopez, who was working at a table Tuesday at the Local Assistance Center.

Lopez had a stack of brochures, including one titled "After a Disaster, Don't Get Scammed!" and "What Seniors Should Know Before Hiring a Contractor," plus "Avoid Post-Disaster Scams" from the San Mateo County District Attorney's Office. The pamphlet from the DA's office mentions that public insurance adjusters, door-to-door solicitors, debris clearers, fake charities and merchant price gougers are among "the criminals looking to profit from others' misfortune."

"The DA's Office is here to help residents and to prosecute criminals who try to take advantage of this tragic situation," District Attorney James Fox writes.

The Statewide Investigation Fraud Team sets up shop in locations that have suffered a major disaster, Lopez said, and even has employees drive through neighborhoods conducting sting operations to check for faux contractors.

"Right now it's too early for that, but those homes that weren't destroyed and suffered minor damage are going to be places where contractors will be working within the next couple of weeks," he said. "There is time for victims to make adjustments and educate themselves."

Digiacinto said he'll never forgot the bad publicity generated for his profession in the aftermath of the 1984 chemical gas explosion in Bhopal, India, that killed thousands (the death toll estimates vary from about 2,200 to 15,000).

"For some reason these crooks flew over there and took advantage of those people, and that became the classic example of this kind of fraud," he said. "It was really a shame. We were very troubled by that. That's why I'm glad the state bar deserves credit for getting the word out.

"It only takes one person to sully the reputation of all legal professionals."


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here

To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com.