Are lawyers legally obliged to handle fraud cases?
Jan 09, 2017 ¡ One serious illegal activity that continues to affect our clients directly is PIP fraud. âPIP fraudâ is a term law enforcement uses to categorize crimes against Floridaâs auto insurance laws. Personal injury protection insurance, or PIP, pays for your medical treatment following an auto accident, regardless of who is at fault for the crash. PIP fraud generally relies on insurers âŚ
When does the crime-fraud exception not apply to a client?
Nov 09, 2018 ¡ Detectives in Floridaâs Division of Insurance Fraud responded to thousands of tips of suspected insurance fraud. Recent studies and statistics on insurance fraud show that nearly fifty percent (50%) of these insurance fraud tips involved allegations of âPIPâ fraud. Referrals of suspected PIP fraud has increased nearly twenty-one percent (21%) since last year. In 2010, âŚ
What is a bankruptcy attorneyâs role in a fraud case?
Apr 18, 2018 ¡ Florida Lawyer Gets Prison for Role in $23M PIP Fraud Scheme. A Florida man has been sentenced to more than a year in prison for his role in a âŚ
Can a lawyer be subpoenaed under the crime-fraud exception?
Jun 20, 2014 ¡ Basics of PIP. A PIP lawyer is an advocate that represents medical providers and, in some cases, individuals who are injured in car accidents regardless of fault. To understand what PIP attorneys do, a brief summary of PIP is necessary. PIP is an acronym for personal injury protection. Personal injury protection is a type of insurance that a Florida driver is required to âŚ
Similar Scenarios with Different Impact
- While the two scenarios are similar, they are notably different in three regards, each or all of which could affect the lawyerâs ethical obligations and choices. First, the lawyer âs services in the first hypothetical were utilized in perpetrating a fraud during the course of a judicial proceeding, thereby implicating ethical duties owed to a court, while, in the second, the false representationâŚ
Revealing The Fraud
Mandatory Disclosure in Court Proceedings
- The lawyerâs duties to the court provide a rationale for mandatory disclosure in the first hypothetical. Lawyers are not permitted to engage in conduct prejudicial to the administration of justice. In construing the breadth of this proscription, the Ethical Considerations state that fraudulent, deceptive, or otherwise illegal conduct by a participant in a court proceeding is inconâŚ
Continuing in Representation
- In the first hypothetical, the issue of withdrawal does not arise because the representation has ended. In the second, however, the lawyerâs ability to continue representing the client depends on whether the fraud has ended or is continuing. If the fraud has ended, the lawyer may not reveal the fraud and may continue in the representation. As a practical matter, however, it may be difficult tâŚ
Making âNoisy Withdrawalâ
- If a lawyer discovers that a written or oral opinion or representation previously given was based on materially inaccurate information or is being used to further a crime or fraud, she is permitted to reveal this information, even though it may consist of confidences or secrets, at least to the extent implicit in withdrawing the opinion or representation. This rule permits only implicit disclosures, âŚ
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