Category: Law & Information

Lawyers who take advantage of the media’s many advertising methods have recently come under fire. It’s been argued that advertising on radio, and especially television, places the profession in an unsavory light.

But used properly, media advertising can be valuable to criminal defense attorneys trying to make themselves available to a wide audience and to potential clients.

I spoke with Jeffrey Berns of Berns & Ghiglia in Canoga Park about their extensive advertising campaigns, their advertising philosophy and their results. For every fifty inquiries Berns & Ghiglia receive from a radio ad, one is secured as a client; yet, during the free consultation, the other 49 callers often receive valuable guidance as they are apprised of their rights.

Berns & Ghiglia and my firm have found radio advertising to be more cost effective than television since it has fewer production requirements. Radio also has proven to reach our target audience in their homes, offices and – perfect for Southern California – their cars.

Police who operate insurance fraud stings search for specific signs when attempting to ensnare criminal defense attorneys and other professionals. Additionally, staged accidents do not appear criminal in any way. Attorneys who miss the less obvious signs may imperil their profession and practice.

The following signs are considered as red flags by police investigators and will trigger further investigation by them. If you encounter these signs, consider the case carefully. You may want to report your suspicions to an insurance fraud hotline after consulting with legal counsel. (See “Insurance Fraud Hotlines,” on the other side)

• The driver of a vehicle admits to no injury, yet asks to be referred to a doctor.
• A second vehicle involved in the accident does not exist.
• The second vehicle was driven by the client’s friend or relative.
• Repeat clients who appear to be “accident prone.”
• Clients medical claim request is disproportionate to the property damage sustained.
• The client requests an advance on a potential settlement before agreeing to retain your services. Such clients may approach three or more California criminal defense attorneys with the same request. It is, of course, illegal to pay a third party for a case.

Don’t become a victim of a staged accident or the target of a police sting!

Attorneys have become the targets of police stings as the result of law enforcement’s crack down on insurance fraud.

Law enforcement is reacting to an outcry of employers and citizens who have been hit in the pocketbook by insurance fraud.

California law now broadly defines fraudulent activity, expanding an attorney’s vulnerability to prosecution. Since the law’s enactment, extensive funds to combat fraud have now become available. The result is that Los Angeles criminal defense attorneys are under siege.

“We’ve stepped up siege and fraud investigation considerably,” reports Denis Zine, Traffic Enforcement Supervisor with the Los Angeles Police Department. “Our investigations are starting to target teams of lawyers, doctors and front men who operate fraud mills. Unfortunately, there is no way for lawyers to spot signs of a sting operation.”

Here are current phones numbers of self-help groups/programs which might be of help to your clients:

– Alcoholics Anonymous
(213) 387-8316

– Battered Wives and Help for Batterers(Forte Foundation)
(818) 788-6800

– Because I Love You
(Parent Support Group)
(213) 659-5289

– Children of the Night
(818) 908-4470

Keep This On Hand for the Midnight Phone Call

If your client ends up in jail, you may get a frantic midnight phone call. If that person is a celebrity, the situation could be even more delicate.

Here is a helpful list to keep at your home and office to make sure that everything is covered:

– Urge your client to stay calm. Assure them that you or an experienced criminal defense attorney will help them.

– Advise them to maintain a polite, well-mannered demeanor with the police. It won’t help to antagonize anyone.

– Advise them to resist asking for special treatment.

– Get your clients location and booking number.

– Get the name and phone number of a family member.

– Advise your client not to make any statements before consulting further with you or with an attorney who is experienced in dealing with the matter at hand.

– Assure your client that if you are not the appropriate criminal defense attorney, you will contact someone who is.

– Advise your client of the name and number of a good bail bonds-man. (Feel free to call us for a reliable referral.)

Tip Your Client: A Little Knowledge May Diffuse a Dangerous Situation

Advise Your Clients:

It is critical to contact an experienced criminal defense attorney immediately upon being contacted by any individual involved in law enforcement. Never wait to see what develops or hope that it just goes away.

Carrying a firearm within the interior of a vehicle is legal only if the firearm is unloaded and not concealed.

If stopped for “driving under the influence” in Los Angeles, you are not required to take any field sobriety test (touch the nose or walking a straight line). However, you are required to submit to a chemical test.

Not to make any statements to the authorities at the scene of an accident or arrest. You may not realize how your statements can be used against you. Situations such as these call for a lawyer who will deal with the police most cautiously.

Any involvement in a hit and run is an involvement in a crime. You should call an attorney for criminal advice immediately.

Since precedent has shown that traffic court will favor radar over an alleged violator’s testimony, it is no wonder that few people even attempt to contest a radar traffic ticket.

However, there is now a new strategy for fighting these tickets – a strategy that is guaranteed, especially in some Los Angeles courts. According to Vehicle Code Section 40802, a speed trap – which is illegal – is defined as “as any section of highway where a radar device is used when there is no engineering and traffic survey conducted within five years prior to the date of the alleged violation.”

In other words, in order for a radar device to be legally used, an engineering survey of the roadway must have been conducted within the last five years. If not, then the court cannot receive any testimony regarding the violation.

The last speed survey for some Los Angeles areas was done June 1, 1986, therefore, at the present time, no testimony can be taken regarding those tickets.