The Champion Firm’s founding partner, personal injury attorney Darl Champion, resigned as Chair of the Georgia Bar's Committee on Attorney-Client Solicitation last week, citing the Bar’s inaction against lawyers who use illegal methods to sign new clients.
Law360 reported on Champion’s resignation in an article released Friday, October 17th, the same day Champion resigned.
State Bar Fails to Protect Vulnerable Georgia Residents
Georgia laws O.C.G.A. §§ 33-24-53 and 15-19-55 deem it unlawful for any lawyer or law firm in Georgia to intentionally target and solicit car wreck victims after a crash, yet many attorneys and law firms in Georgia do so frequently. When such acts of misconduct are brought to the attention of the State Bar, however, these law firms are let off the hook.
“The Committee on Attorney-Client Solicitation was created to help stop precisely this kind of corruption,” Champion wrote in his resignation letter to the State Bar, which he publicly posted on his LinkedIn page, “but without the State Bar having more enforcement power, more resources, and more internal support, the committee's work is symbolic at best.”
“I cannot, in good conscience, remain in a position that has become a facade for action,” he said. “Each day that passes without meaningful enforcement further erodes public confidence and harms the honest lawyers who still try to do things the right way.”
Why It’s Illegal for Law Firms to Solicit Car Wreck Victims
“Runners” promise money, gifts, or “signing bonuses” to potential clients in exchange for hiring a particular law firm. A runner is any person who receives some personal financial benefit for influencing a Georgia resident to hire a specific law firm.
The runner may be a third-party individual or company working on behalf of a firm (or many firms, as is often the case), or it may be the lawyer or one of their staff directly. The runner finds and seeks out recent car wreck victims, contacts them, and encourages them to hire their firm.
When the firm is hired, the runner receives a payment for successfully signing the new contract, similar to how a salesperson receives a commission for selling you a new couch or car. Except the goods earning a commission in these scenarios aren’t couches or cars; they’re real people whose lives can be forever impacted by how their legal case is handled.
“I have heard story after story of injury victims getting contacted by upwards of over a dozen different law firms after a wreck who make untruthful, fraudulent statements and make illegal promises of money and gifts to get their business,” Champion detailed in his letter.
"Good lawyers are watching unethical lawyers break the rules, grow their firms with illegally obtained clients, and face no discipline,” he said. “The result is predictable: more and more lawyers are using runners and illegal solicitation just to stay competitive. The problem is spreading like wildfire, and the State Bar is not even reaching for a garden hose."
While consumers might be accustomed to sign-up offers in other product and service industries, this practice is illegal for businesses like law firms and health care practices to engage in, as it takes advantage of people in vulnerable situations.
"Anti-solicitation rules exist for a reason," Champion wrote. "They protect vulnerable people from being preyed upon in their weakest moments. They give victims the time and space to make an informed, independent decision about their legal representation."
Imagine: A distracted driver runs a red light and crashes into your vehicle, totaling your car and breaking your arm in the collision. Now, as you face expensive medical bills and the knowledge you need to buy a new car, someone approaches you and tells you to hire Law Firm X, promising you a cash advance and a huge settlement on your case. You might be tempted to sign with that firm.
However, if left to make your own decision, you’d likely search for personal injury lawyers online, ask your friends or family for their recommendations, and read some firms’ reviews to get a sense of which firm is most qualified to handle your case. You’d likely hire an attorney with a good track record who is better equipped to deliver a positive result in your case, not one that needs to bribe new clients to sign up.
What is the Purpose of the State Bar?
One of the most essential functions of any state bar is to protect its state’s residents from criminal, negligent, or otherwise unqualified legal professionals. This is the main reason law students cannot claim to be lawyers or attorneys until they pass the bar exam: They must prove that they are minimally competent to practice state-specific law on behalf of their clients.
If the Georgia Bar is unwilling to discipline the illegal actions of its admitted lawyers, it is failing to uphold one of its core duties to the public.
"This dereliction of duty is not just an administrative failure; it is a moral one," Champion wrote. "What is going on right now would be the equivalent of drug dealers standing outside a police station and dealing drugs out in the open, knowing the police will do nothing. What message does that send?"
To drive his point home, Champion detailed a recent example of the Bar’s willful ignorance:
"A fellow lawyer on my committee filed a grievance on behalf of one of his insurance company clients who had been illegally solicited. My colleague had a recording in which the runner identified the law firm on whose behalf she was calling. The runner repeatedly said she got her information from BuyCrash and named the law firm that would be handling the case. The runner sent my colleague's client a contract via DocuSign that was for that specific law firm.
Despite this clear evidence, the grievance was dismissed. Why? The lawyer simply denied employing anyone by the name of the runner and claimed their DocuSign system showed no record of sending the contract. That was apparently enough for the Bar to close the case. Clear, unequivocal evidence that would be enough to sustain a criminal conviction was not even enough to get past the grievance stage."
"This failure to enforce the most basic rules of professional conduct sends a dangerous message,” Champion said, “that the rules are meaningless, that misconduct will be ignored, and that it is open season on Georgia residents."
Be Informed: Don’t Hire a Law Firm That Solicits You
Unfortunately, the State Bar’s inaction against unethical lawyers puts the burden of choosing ethical, qualified attorneys on Georgia residents. Fortunately, there are ways you can vet a law firm before you hire them.
Any firm that has someone reach out to you directly after a car crash or other accident injury is directly violating Georgia law. If your attorney is willing to engage in illegal practices to sign you as a client, they’ve already demonstrated their failure to practice good law.
Do your research, ask around, and read firms’ reviews to get a true understanding of how effective a firm will be at litigating your case.
If you or a loved one has been injured as a result of someone’s negligence, contact The Champion Firm today for a free evaluation of your case. Our award-winning team of injury attorneys has recovered over $150 million for clients across Georgia and beyond, and our contingency fee structure ensures you only pay us if and when we win your case.
