FW: RE: PIP--getting attorney to sign form?

[Guest guest]

From: Sent: Tuesday, January 08, 2008 5:19 AM' M. s, D.C.'Subject: RE: [sPAM]RE: PIP

No, it wouldn't be of any added value in my opinion to get the attorney to sign the form, and let me explain. Many of you still use that old form where the attorney is supposed to sign at the bottom after a separate paragraph that looks like the attorney is agreeing to something. That little paragraph is a legal nullity. The attorney gives no consideration for signing it, so it's not a legally enforceable agreement (contract). To the extent it is a contract within a contract, it creates a conflict of interest for the attorney (but I don't think it's even an enforceable agreement). In Oregon, a client has the absolute right to instruct an attorney to breach a contract (i.e. not pay your outstanding bill). According to the Oregon State Bar, an Oregon attorney is pretty much compelled to follow all lawful instructions of a client--and instructing an attorney to breach a contract on behalf of the client is a lawful instruction. It is the client who is breaching the contract, not the attorney. The attorney is not a party to the contract. The attorney pretty much either has to breach the contract, resign, or if there is an actual conflict, the attorney could "interplead" settlement proceeds into the coffers of the Circuit Court and let a judge decide who gets the money (I've had to do that just once in ten years).

O.k., so here's why you don't need an attorney to sign and return the form that I drafted: it's a lawful assignment of the patient's property to you. The property being assigned and conveyed is the patient's interest in a personal injury case. The conveyance/assignment is binding upon the attorney as soon as it is received by the attorney. It's akin to "accounts receivable." Many of you purchase and sell clinics at some point in your careers. It's not uncommon for accounts receivable to be sold at so many cents on the dollar. Once a debtor (former patient who owes the clinic money) receives notice that their account has been assigned/conveyed to someone else, the debtor/former patient owes the money to the person who owns the account (new doctor who purchased the clinic). If the debtor pays the old doctor after receiving notice of the contractual assignment, then the patient still owes the debt "a second time" to the owner of the debt. If Chase Bank buys my mortgage from whoever originally wrote it, and Chase gives my wife and I notice that they've purchased/been assigned my mortgage debt, then I owe Chase Bank. I do not owe the original underwriter of the loan. If I hate Chase Bank and refuse to send them money, and instead I keep sending my monthly mortgage payment to the original bank, you can rest assured that Chase is going to come after me for the entirety of the debt. I will be the one who will have to go back after the original bank and try to get my money back, not Chase. It's the same sort of thing here.

Assignments are legally effective upon receipt. It doesn't matter if the attorney agrees to the deal or not, if he or she receives notice of the assignment, they are legally obligated to honor it, or the attorney will potentially be liable to you personally. Spending any time trying to get the attorney to sign and return the form may lead you to believe that his or her signature has some legal significance. The only legal significance for signing would be proof that the attorney has actually received the form. You can get to the same place by simply faxing the form to the attorney (as well as mailing it), don't use a cover sheet, and let the fax confirmation sheet that your machine prints out show exactly what was faxed and received by the law office.

Whatever you do, please stop using that old form that so many of you still use. I don't think it's even legally enforceable as against the patient, and to the extent it gives you some sense of comfort that your bill will be protected by the attorney, I believe it is a false sense that is just going to cause you aggravation and heartache for as long as you use the form.

Those are just my thoughts of the day on the subject. I hope it is helpful. Best Regards, G. , Gatti, Gatti, et. al.

From: M. s, D.C. [mailto:drbobdc83@...] Sent: Monday, January 07, 2008 3:40 PM Subject: Re: [sPAM]RE: PIP

Thanks ,

One question... Would it be of any added value/use if the attorney were to also made to sign this agreement??? (:-)

RR.

[sPAM]RE: PIP

If it's a California policy, then whatever "med pay" coverage the patient has will apply. California has ridiculously low limits. PIP does not follow the car like liability coverage does (e.g. if a California motorist with 15k liability limits hurts somebody in Oregon, their California policy will have to cover up to 25k in Oregon, because of Oregon's financial responsibility laws--PIP is not part of the financial responsibility laws). My advice would be to make sure that patient signs one of the Assignment of Right to Recovery forms I drafted a few years ago, and make sure the patient gets an attorney who will be forced to honor your Assignment. I'll attach a copy of that assignment form (I drafted it so you could just copy it right on to your letterhead). The attachment to this email is safe. Best Regards, G. , Gatti, Gatti, et. al.

From: [mailto: ] On Behalf Of Dr. ph Medlin D.C.Sent: Monday, January 07, 2008 1:34 PM Subject: PIP

Hey folks have a messy pip question here. Patient recent resident of oregon, but car still registered and insured in california. He was in an accident in oregon and hit by an oregon insured motorist. Patient wants me to give him estimate for length and price of care so he can get settlement and pay me. Can i bill Oregon insurance (at fault party) or do i have to rely on using a lien and hoping for an honest payment by the patient??

Forgot how these work. Thanks for your help ahead of time.

ph Medlin, DCSpine Tree Chiropractic1627 NE Alberta St.Portland, OR 97211