ThePhillyLawyers is composed of lawyers who are former public defenders, and Emmett Madden is Of Counsel at Kilkenny Law, a municipal law practice. We respect and understand public interest lawyers. We are also familiar to their blind spot in identifying personal injury cases.
Public interest lawyers use their legal skills to fight for important causes and on behalf of marginalized clients. At the city, state, and federal levels, public defenders and prosecutors are vital to our criminal justice system. Similarly, our civil justice system relies on a wide range of public interest lawyers including, but not limited to, legal aid, deputy attorney generals, city solicitors, municipal attorneys, civil rights, and social justice attorneys.
While public interest lawyers are doing important work in their legal specialties, it is also vital that these lawyers do not miss opportunities to help their clients get financially compensated. A prosecutor may handle a DUI-related matter in which the victim was injured by a person who was over-served by a bar. The prosecutor’s client is the victim and may be seriously injured. The prosecutor focuses on obtaining a conviction. To help make the victim whole, the victim should also be referred to a trustworthy civil litigator who can bring a civil motor vehicle and “dram shop” claim for damages against those responsible, the driver and the bar.
For a public defender, the same analysis applies in DUI, assault, or any matters where someone is injured at the hands of another. The public defender’s focus is obtaining an acquittal or negotiating a favorable plea bargain and mitigated sentence. However, if your DUI client was injured due to being overserved alcohol, or served alcohol after being intoxicated, they should be referred to a trustworthy civil litigator who can evaluate whether your client can bring a civil “dram shop” claim for damages against the business that sold alcohol to an intoxicated person. Such a suit can help your client with his/her injuries and life challenges following the accident, by getting them a large cash settlement.
Similarly, for public defenders, if your client was injured or died while at a drug and alcohol facility, based on unsafe conditions, inadequate security, negligence, or malpractice, your client has a civil lawsuit against the facility. To hold the facility accountable and cover the damages, your client, or their family should be referred to a lawyer with experience in these types of cases. This holds true anytime one person is injured due to action or inaction of another.
For municipal attorneys assisting government employees, the attorney should not lose sight of any potential third-party liability cases. A Third Party case means that injuries are someone else’s fault. The municipal attorney should consider referring their injured client to an experienced personal injury attorney to evaluate and assist with any claims, ensuring that their client receives all the money to which they are legally entitled.
There are countless instances of how public interest lawyers can truly help their clients by referring them to an aggressive, compassionate personal injury lawyer. These lawyers secure life-changing money for your client. It does not help your client to miss opportunities for justice simply because it is outside of your practice area. To help your client’s access justice and financial compensation, it is important to keep your eyes open for potential referrals.
A good doctor refers their patient to an appropriate specialist. In fact, that is the doctor’s duty of care. A good lawyer should always do the same.
Rules of Professional Conduct encourages lawyer referrals and receiving referral fees. For instance, Rule 1.1 Competence (namely the Comment to the Rule) discusses referral or consultation with another lawyer when novel/specialized legal issues present. The rules of ethics encourage referrals and importantly, these rules encourage that you, the referring attorney, are paid a referral fee. Your sacrifices as a public interest lawyer do not mean you miss out on the benefits of referral fees.
You, as the referring attorney, are entitled to a referral fee when you refer injured clients and witnesses to honest and respected civil litigators who can recover on behalf of your client. (Some offices do have specific rules relating to referral fees, so be sure to check with your public interest law office’s management if you need information on that.) But even if your office is one that precludes you from receiving a referral fee, you will still benefit your client by making such a referral since it may help your client secure life-changing justice when they are severely injured. When these types of matters hit your radar, call us at (215) 884-9300 to learn how ThePhillyLawyers can help.
