New Bill expands current 30-day bar to include…
A new day keeps dawning for laws that prevent lawyers from communicating with NJ accident victims without an invitation. This new Bill not only prohibits lawyers from chasing accident victims, but bars any licensed professional from sending written solicitations to an accident victim within 30 days of the accident. The current law only bars personal, telephone, or on-line uninvited solicitation.
The Status of the Bill
The measure (A4430) was approved 6-0 by the Assembly Judiciary Committee today and is expected to be taken up by the full Senate and Assembly on Monday. The measure approved in committee would expand that to include written solicitations and apply to any type of licensed professional. Under the terms of the bill, violating the measure would be considered a third-degree crime, punishable by up to five years in prison and a $15,000 fine.
“This is bringing in written communication, which can be quite onerous for the accident victims,” said Assemblyman Troy Singleton (D-Burlington), a sponsor, who added that he would like to see the law enforced.
Reactions
Todd Sidor, a lobbyist for the State Bar Association, said state Supreme Court has jurisdiction over how lawyers practice, including advertising. But the New Jersey Association for Justice, which represents trial lawyers, said it supported the measure.
In fact, three of the bill’s sponsors — State Sen. Nicholas Scutari (D-Union), Assemblyman Jon Bramnick (R-Union) and Assemblyman Peter Barnes (D-Middlesex) — practice personal injury law.
Scutari said writing to victims immediately after a disaster or accident ‘gives the profession a bad name.’
He said the bill also targets insurance agents ‘trying to run in there and get a quick settlement.’ However, it does not apply to people who have been contacted by victims, or to lawyers who already have a relationship with them.”
Commentary
Bravo! Now I’d like to see some money thrown at these laws for enforcement.
Until then, these roaches will still infest mailboxes, telephones, and any other place they can chase after accident victims.
[UPDATE: On January 23, 2012, Gov. Christie vetoed this Bill].
