FACTOID # 10: The total number of state executions in 2005 was 60: 19 in Texas and 41 elsewhere. The racial split was 19 Black and 41 White.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Ambulance chaser

An ambulance chaser is a derogatory term intended as an insult toward a lawyer specializing in personal-injury cases. British barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ...

Contents


Origin

The term is derived from a popular misconception that lawyers follow ambulances to hospitals after a person is injured, in order to attempt to drum up business by convincing a victim that he or she needs to sue, or by simply being the first lawyer in contact with the victim and advising the victim of his or her rights[citations needed]. The actual orgins of this phrase stems from newspaper articles about attorneys seeking clients through targeted mail solicitation. The stories told of attorneys who would request accident reports and other public records, then mail letters to accident victims and others offering their services. Thus there were complaints that attorneys were drumming up business by abusing public records laws. "Ambulance chasing" was one of the descriptive phrases employed by the media for this activity. It later became a derogatory term for direct advertising. [1] A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...


Lawyer Advertising and US First Amendment Issues

The United States Supreme Court in a series of landmark decisons has consistently held lawyers do not forfeit their right to freedom of speech by merely being lawyers and that freedom of speech guaranteed under the first amendment to the United States Constitution includes the right to advertise, although state bar associations retain a right to regulate, but not ban such advertising. See Bates v. State Bar of Arizona, In re Primus and Ohralik v. Ohio State Bar Assn.


The Supreme Court has upheld the right to advertise in other professions as well, e.g. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc..


Controversy

The term 'ambulance chaser' carries such venomous connotations that some people favour defining the term as an epithet actionable under the civil laws for slander, libel, and defamation. However, others believe it is speech that should be protected under the First Amendment to the United States Constitution. Conversely, in Flamm v. American Association of University Women, Jan. 4, 2000, the US Court of Appeals for the Second Circuit ruled that the term was not merely 'statement of opinion'. Because the implication that Flamm engages in unethical solicitation of clients can be proven true or false, and that it harmed her repuatation, the term is not a protected statement of opinion. Consequently, the Second Circuit sent the case back for trial, for the jury to determine whether the challenged statement was actually understood in a defamatory sense.[2] In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ...


References

  1. ^ "Lawyer Solicitation", Florida State Bar Association, August 2004
  2. ^ "Description of Lawyer as Ambulance Chaser May Be Actionable", Gannett News Service, January 2000

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m