Lawyers' Ads Seeking Clients in Ferry Crash
By SUSAN SAULNY
wo days after a Staten Island ferry crashed last month, killing 10 passengers and injuring dozens of others, the New York State Bar Association issued an advisory reminding lawyers "to adhere to the code of professional responsibility" and refrain from soliciting work or pressuring survivors to sue.
Not everyone got the message, apparently.
Lawyers took out television and newspaper advertisements aimed at recruiting the ill-fated ferry's roughly 1,000 passengers as clients. Now, nearly three weeks after the crash, about 40 survivors have signaled that they intend to sue the city. While they list a variety of injuries, together they are seeking a huge payout — $1.3 billion.
Some of the claims are for wrongful death or severe injuries. The widow of a man who was killed after telling her on his cellphone that the ship was going too fast is suing for $500 million. A husband and wife want $120 million for injuries that include leg amputations.
But some passengers are seeking large awards even though they suffered little or no physical injury: One woman wants the city to pay her $200 million for losing sleep. Others are seeking up to $10 million solely for emotional trauma.
All of the figures, as in many personal injury lawsuits, may be wishful thinking. But for now the law still requires a figure in claim notices, and there is a tight filing deadline: 90 days from the crash. Some lawyers said they worried that the public was unaware of that deadline, so they sought to publicize it with ads.
But representatives of professional legal organizations say they are dismayed by the spectacle. And some of the people who lost limbs and the relatives of those who died say they are offended by what looks like a money grab by other survivors.
Lloyd Joseph fractured his back when the ferry crashed and was still being treated last night for various injuries at a Staten Island hospital. Mr. Joseph and his lawyer, Sanford Rubenstein, during a conference call interview, lamented the fact that some of the lawsuits stemming from the accident seemed frivolous.
"It's ridiculous," said Mr. Rubenstein, who did not advertise for ferry-crash clients. "Obviously, the public might have a problem taking seriously a claim that is serious when others that are not that serious are filed for huge amounts." Mr. Joseph and his wife, Jocelyn, are seeking $105 million in their lawsuit.
Izet Adzemovic, a cook who said he hurt his back and neck in the accident, said that he did not think it was wise for victims to judge other victims, but that it was hard to believe everything being claimed.
"It's easy to say you were hurt," said Mr. Adzemovic, who is seeking $10 million. "I don't know if those other people were injured or not. I think people will have a lot to prove."
Norman Reimer, vice president of the New York County Lawyers Association, said the post-accident legal situation has been unseemly at times. "Personally, I wish lawyers were never allowed to advertise, that's where I stand on this," he said. "But the Supreme Court has a different opinion on the matter," he added, referring to the 1977 federal decision that lifted a ban on lawyers' ads.
That ruling allowed ads like the 30-second television commercial by a Staten Island law firm that showed a ghostly image of a ferry washed over by a tidal wave of green dollar signs. "If you were injured, you may be entitled to money damages," a man's voice said.
"There is an approaching deadline," the voice continued on behalf of the firm, Martin, Harding & Mazzotti. "The call is free."
Calls made to the firm last week to discuss the ad were not returned. The firm was not listed among those that have brought preliminary legal filings.
While these and other advertisements do not violate any laws, legal experts and personal injury lawyers who are involved in ferry suits say that some dangle at the edge of what is morally and ethically appropriate after a fatal accident.
Only false or misleading ads are illegal, said Tom Levin, president of the New York State Bar Association. "We learned a long time ago that you can't legislate good taste," he said, adding that the ads after the crash were "fairly typical of what one might expect."
According to the state bar's Lawyer's Code of Professional Responsibility, lawyers are not permitted to approach individual victims to solicit work unless they are close friends, relatives or current or former clients.
As for what is permitted, the code says advertisements "shall be designed to educate the public to an awareness of legal needs and to provide information relevant to the selection of the most appropriate counsel."
But Mr. Levin said that was mostly a suggestion. "Most people I know are not happy with lawyer advertising," he said, "but most courts have said it's a free speech issue."
According to experts in maritime and personal injury law, more ferry lawsuits are likely to be filed in the coming weeks. Just about everyone who boarded the ferry may have a case for compensation, under a federal maritime doctrine that allows all those who faced danger and who suffered emotional distress to file for damages, even if they were not physically injured.
Some lawyers make no apologies for what they say is simply looking out for their clients. "We're being diligent and we're being aggressive," said Anthony Bisignano, a partner at a Staten Island firm who has filed about 20 notices of claim related to the crash. "We are required by law to request an amount of damages, but the amount requested does not necessarily correspond with the amount that will be received."
He said the public often misunderstands the figures: "They think we're trying to bankrupt everyone, but the numbers are meaningless."
Some lawyers say ill-considered advertisements damage the reputations of all lawyers, suggesting that the victims of the accident who lost arms or legs — and the lawyers who represent them — are opportunists.
"I've been consistent with all my cases, pleading $10 million because I believe the number is meaningless," Mr. Bisignano said. "Ten million won't be recovered in all cases, but I have to put in a number that signals to the city the severity of what I'm filing. But just because the next guy files a complaint for $500 million dollars, doesn't mean his claim is any more serious than my suit."
While it may not have been common in New York City before the ferry crash, legal advertising with reference to a specific accident does happen with some regularity across the country, according to William Hornsby, who is the author of a book called "Marketing and Legal Ethics," and a staff attorney with the American Bar Association, whose law practice management section published it.
"Because it is a constitutional right, it's not regulated," Mr. Hornsby said. "So the decision becomes a moral one." |
