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Lawyers Using Databases To Grab Clients

bc90021 writes "It seems that lawyers are using jail-house email lists to send potential clients letters offering their services. One couple, on finding their son who'd been missing for two days, '...was astonished that deputies failed to call them when their son was arrested -- though contact and medical information was in the young man's wallet -- yet managed to inform people who wanted his business.'"

38 of 319 comments (clear)

  1. Ah... by WIAKywbfatw · · Score: 4, Insightful

    Capitalism at it's best.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    1. Re:Ah... by stilwebm · · Score: 5, Funny

      Capitalism at it's best.

      It's called a captive market.

  2. What do you expect from scummy lawyers? by jolyonr · · Score: 4, Insightful

    Particularly nauseating fact from this case was the company who proudly boasted "we are experts in drug cases" on the envelope.

    Still, you shouldn't expect any more from these pond life.

    Jolyon

    --


    Please read my Canon EOS tech blog at http://www.everyothershot.com
  3. Follow that Ambulance! by ackthpt · · Score: 5, Interesting
    Reminisent of North (another Elijah Wood film) where Jon Lovitz plays North's lawyer, Arthur Belt. Their first meeting was North (Wood) standing on a street corner and seeing a speeding ambulance go past, tailed by a car. The car stops and backs up, and Belt (Lovitz) introduces himself as his lawyer.

    Great quote from the film: "North, this is America. Everybody needs a lawyer."

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Follow that Ambulance! by yintercept · · Score: 4, Funny
      From Article: Lawyers who drum up business with direct mail argue that it gives people facing such charges as driving-while-intoxicated a much better way to get legal help than rifling through the yellow pages.

      For the lawyers hawking services, you have the best chance of clinching the deal if you can get to the client before they sober up.

  4. I for one think this could be great... by ItMustBeEsoteric · · Score: 4, Funny

    Using spam to punish criminals. Priceless!

    1. Re:I for one think this could be great... by spoonyfork · · Score: 4, Insightful

      Using spam to punish criminals. Priceless!

      I don't know about other countries but here in the USA getting arrested doesn't make you a criminal. Being convicted of a crime, however, does. Priceless? Indeed. You can't buy that kind of freedom. You have to fight for it.

      --
      Speak truth to power.
    2. Re:I for one think this could be great... by Aardpig · · Score: 4, Insightful

      I don't know about other countries but here in the USA getting arrested doesn't make you a criminal.

      In principle, sure. In practice, recent events have demonstrated that, even in the USA, people can be arrested and held without charge or trial -- even if they are citizens. Until the freedoms enshrined in the Bill of Rights are consistently respected, without being transgressed under the guise of 'security', then I don't think its fair to say that the US is more 'free' than, say, your average European country.

      --
      Tubal-Cain smokes the white owl.
    3. Re:I for one think this could be great... by kellman · · Score: 4, Insightful

      In principle, sure. In practice, recent events have demonstrated that, even in the USA, people can be arrested and held without charge or trial

      Except that none of the people in Guantanamo were captured in the US. They were arrested because they were part of organizations that perpetrate killing and destruction, yet have no governmental umbrella that can be negotiated/reasoned with and therefore Geneva POW status does not apply to them. They are slowly being sorted and distributed either back to their country or origin/capture after no longer being deemed a direct threat, or charged with crimes in their home country. The fact is though, they are being treated quite well.

      -- even if they are citizens.

      Not true either. John Walker Lindh never went to Guantanamo.

      Until the freedoms enshrined in the Bill of Rights are consistently respected, without being transgressed under the guise of 'security',

      People continually talk of rights being "transgressed under the guise of 'security'", but I actually see very few examples ever of what they mean. Otherwise, it just sounds like rhetoric. I know you believe the issues we are talking about are an example, but what are some others?

      then I don't think its fair to say that the US is more 'free' than, say, your average European country

      I would tend to agree that most western European countries are very 'free' except the previous poster did not specify Europe. I would not say that all of Europe is free (largely Eastern Europe is not in many ways) however, and that leaves a large portion of the globe with few of the same rights as Americans and Western Europeans.

      --
      I don't want to sell anything, buy anything, or process anything. I don't want to sell anything bought or processed...
    4. Re:I for one think this could be great... by Aardpig · · Score: 5, Informative

      They are slowly being sorted and distributed either back to their country or origin/capture after no longer being deemed a direct threat.

      Unfortunately, that was not the case with Maher Arar, a Canadian citizen of Syrian descent. After being arrested (but not charged) while changing planes at JFK, US officials deported him to Syria, where he was imprisoned and tortured for over a year. It is not unreasonable to hold the US government complicit in this torture.

      Not true either. John Walker Lindh never went to Guantanamo.

      I was actually thinking of Jose Padilla, who was held without trial or charge in a military brig for over a year, after being arrested at Chicago O'Hare. What happened to his due process?

      --
      Tubal-Cain smokes the white owl.
  5. I can see it now... by chrisopherpace · · Score: 4, Funny

    Get out of jail today!
    Want to make your member^H^H^H^H^H^Hjailtime longer^H^H^H^H^H^Hshorter? Just give Smith at Law a call, we will do the rest! Guaranteed results! You only have to take^H^H^H^Hmake one pill^H^H^H^Hcall!

  6. How much would it suck by Anonymous Coward · · Score: 4, Funny

    To go to jail for spamming, and then get spammed by a lawyer?

  7. ambulance chasers by chimpo13 · · Score: 4, Interesting

    They've been doing that for a while, at least in California. Someone goes through the records and collects addresses. My neighbor got a DUI, and he started getting lots of snail mail offers from lawyers.

    I wonder if lawyers contacted OJ after his arrest...

  8. what have we come to? by Shakrai · · Score: 5, Insightful
    It turned out that their son had been arrested on the mistaken suspicion that his erratic behavior at a casino was drug-induced.

    Hmm. I would have liked to have known what the outcome of that was. I have a friend who is in a similar situation and he gets questioned all the time by people concerned for his well-being. But arrested on suspicion of using drugs? Just because he was acting erratic? Does that strike anyone else as strange?

    I'd sue the pants off the casino and the arresting agency over that if I was him or his guardian. WTF is this? Arrest first and ask questions later? What have we come to?

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  9. Shouldn't be surprising... by moviepig.com · · Score: 5, Insightful

    Not only does money talk, it also listens.

    --
    Seeing bad movies only encourages them. Watch responsibly
  10. Crime and Punishment by The_Mystic_For_Real · · Score: 4, Funny

    Will this be a new punitive measure? "I hereby sentence you to six months in prison and one hundred pieces of spam."

    --

    _____

    Thank you.

  11. Miranda for the new century by Minwee · · Score: 5, Funny

    You have the right to remain silent.
    Anything you say can and will be used against you in a court of law.
    You have the right to be speak to an attorney, and to have an attorney present during any questioning.
    If you cannot afford a lawyer, one will be provided for you at government expense.
    You have the right to receive exciting new offers from spamvertise.com.
    If you choose to opt out of our mailing list, your user preferences will be reset some time in the future.

  12. The need for scummy lawyers? by yintercept · · Score: 5, Insightful

    Those who are innocent will want lawyers who relentlessly pursue the truth. The rest need lawyers who know what people can get away with. In our oppositional based legal system, the demand for scummy lawyers will be equal or greater than honest lawyers.

    1. Re:The need for scummy lawyers? by ePhil_One · · Score: 4, Insightful
      Personally, if I'm charged with a crime I don't care wether he's scummy or not, I just want hime to get me off. If he gets me off on a technicality, what do I care? I will get no satisfaction sitting in jail knowing I was innocent and my lawyer was kind and good hearted individual who spent too much time waiting for innocent people to search him out, and not enough time in court gaining experience.

      --
      You are in a maze of twisted little posts, all alike.
  13. South Florida has been doing this for years by BradySama · · Score: 5, Interesting

    I actually used to run a small business that collected traffic ticket (and DUI) information from the counties and provided it to ticket law offices in a format they could use (i.e. mailing lists). This information was hosted on various gov't run BBSs; but, it is now available on the internet. And this was back in 1999! And the jail (who had been arrested the day before) data was available, but my clients were only interested in traffic citations and DUIs... My point? This has been going on for years, and the timing of the article suprised me. I think those people were especially upset since the police didn't call them (although they had gone through his wallet to determine and post his demographic info); however, the article seems to indicate that he was 18 or over, making you wonder if anything 'wrong' occurred in this situation. Annoying? Yes. Public information? Hey, it is. Interesting debate, though.

  14. He was in a casino by Mike+Hawk · · Score: 5, Interesting

    So I'm going to guess he is over 21. I'm going to have to ask any future arresting officers to please NOT call my parents. The fam doesn't need to know everytime I get a drunk and disorderly.

    The thing about needing medication sucks, but its well within the realm of possibility that his health issue both doesn't present as an actual health issue and renders him unable or unwilling to notify the officers. If thats the case, nothing to see. IF the officers knew something was wrong and still failed to act, well then fsck them.

    I carry contact and medical information too, but thats only for use if I am unconscious or otherwise unable to speak for myself. Don't call my mommy just because I get picked up. If the officers dug through the medical records of everyone they picked up, wouldn't we by crying invasion of privacy then too?

    1. Re:He was in a casino by faedle · · Score: 5, Informative

      Yeah, and you apparently missed the part of the article that said the whole reason why he was picked up by the County Mounty was because he was behaving erratically.

      Personally, this frightens me. As someone who is diabetic, I sure as hell would WANT my loved ones to be contacted if I was sitting in jail without insulin or my other meds. If I'm in diabetic ketoacidosis, I may be unable to think clearly and not communicate properly, and I certainly would look and act fall-down "drunk". I certainly would be in need of medical attention, and the sooner the better.

      Two lessons need to be learned here. First, the Sheriff probably needs to send some of their officers to school and teach them that not everybody who acts drunk belongs in a detox cell -- there are serious, life-threatening medical conditions that can cause a person to act oddly. This having taken place at an Indian casino in "hick" Riverside County dosen't shock me at all.

      Secondly, and this is a lesson everybody who has a medical condition that can result in this sort of thing needs to know: THERE IS NO SUBSTITUTE FOR A MEDICALERT BRACELET OR NECKLACE. Carrying a card in your wallet with your information on it IS NO HELP, because law enforcement and/or paramedics will often not look in a wallet.. hell, in some places, they are specifically instructed NOT TO because if money is missing the agency may be held liable. But, even a back-country sheriff is going to know enough about that little silver bracelet to at least call the number on it. I highly suspect that if this kid had a MedicAlert necklace or bracelet, he would have been transported to the hospital in the back of an ambulance, not to jail in the back of a squad car.

      For me, just having the necklace that said "Diabetic" on the back has already resulted in my life being saved once. And the paramedics who found me didn't even have to call a phone number: they knew the second they found me and my MedicAlert necklace exactly what needed to be done. That's not "rooting around in your medical file".. that's telling emergency personell what they need to know to save your life.

  15. Just In Case It Wasn't Clear... by ewhac · · Score: 4, Interesting

    I want it on the record so that there's no misunderstanding on the part of future generations, or the current generation who's building the future:

    I don't want to end up living in a Neal Stephenson novel. No, not even if I get to be Hiro Protagonist.

    Reading this writeup reminded me of the scene in Snow Crash where we discover the police have outsourced incarceration, and take YT to The Clink. All that is left is dollars. The human equation is lost, and anyone holding a sense of morals or ethics is seen as an anachronism. I don't know about anyone else, but... Yuck.

    Great books, but I wouldn't want to live there.

    Schwab

  16. This Lady Don't know lawyers by marmot1101 · · Score: 5, Interesting

    One of my many side jobs is procuring information for attorney's solicitation. Let me tell you, call it scummy or what not, but lawyers will go to any means possible to get their solicitation letters out. This is their livelyhood for 90% of them. It is not very surprising that the lawyers would have the information faster than the parents. And for those of you who might refer to this practice as scummy, remember that in the event that you might find yourself needing an attorney. Competitive soliciation drives the prices down, and in areas with a lot of attorney's soliciting, expect to find prices half of what you would find in more friendly, less competitive areas. Any advertisement can be called scummy until it benefits you personally.

  17. Oh well. by rice_burners_suck · · Score: 4, Funny
    One couple, on finding their son who'd been missing for two days, '...was astonished that deputies failed to call them when their son was arrested -- though contact and medical information was in the young man's wallet -- yet managed to inform people who wanted his business.'"

    I'd bet he politely asked to place a phone call, but the officer responded, "What good is a phone call if you're unable to speak?" The rest, as they say, is history.

  18. Best way to find a lawyer (OT) by fizbin · · Score: 5, Informative

    Contact your local bar association. Ask for their lawyer referral service.

    This gets you lawyers that are reasonably reputable, and often the referral service will have a deal worked out so that the initial consultation isn't going to empty your bank account.

  19. This is not so new by nuggetboy · · Score: 5, Interesting

    My roommate was arrested in November of last year. There were 10 solicitations in the mailbox 2 days later, 15 the next, and between 7 and 20 everyday for a week thereafter. (South Florida, if it makes a difference).

  20. Capitlism without limits by Wun+Hung+Lo · · Score: 4, Insightful

    I just think it's interesting that every single form of excess in the US is frowned upon, except making obscene amounts of money. If you like sex too much, you're a sexaholic; if you take too many recreational substances, you're a drug abuser; if you eat too much you're a glutton; if you're very vocal about your beliefs or religion, you're a fanatic. However, if you make more money than any 1,000 people could spend in 10 lifetimes, you're an entrepreneur (sp?). Now, before I get flamed, I'm not saying that capitalism is bad, but when you take ANYTHING to an extreme, it's usually not a good thing. The main reason that Communism failed is that they took Marx's ideas to their logical extreme without any thought of human nature or simple compassion. Anyone remember "Lost Horizon"? When the head monk is telling Ronald Coleman's character that they do everything in moderation and therefore are more than moderately happy? Just something to think about...

  21. I don't mind... by spoonyfork · · Score: 5, Interesting
    ... if only I get a cut of the action. They are selling MY information which is deamed to have value so why am I not legally entitled to my cut of the profits?

    If I sell a t-shirt with Michael Jordan's name on it I could get sued. Isn't this the same thing? If so, then why can't I get paid when my name is sold? If it isn't the same thing, how is it different and why don't I have a choice in the matter?

    --
    Speak truth to power.
    1. Re:I don't mind... by Jerf · · Score: 4, Interesting

      ... if only I get a cut of the action. They are selling MY information which is deamed to have value so why am I not legally entitled to my cut of the profits?

      This, incidentally, is the single best non-tin hat reason to support privacy reform, something that everybody ought to agree with. Your private information has value, as demonstrated by the fact that it is routinely sold, for more money then you probably realize. Why is it OK for people to effectively steal this value from you without compensating you fairly, and indeed, charging you in the form of the time you have to spend dealing with people who then use this data?

      It's only going to get worse.

      (In fact, you can boil all privacy arguments down to this point, but it's better for many people to state it nakedly as a monetary issue, even though IMHO the non-monetary concerns are more interesting and important in the long run.)

  22. Re:Privacy Issue by mcmonkey · · Score: 4, Insightful
    Is it just me or should this type of information be private until you are actually convicted of something?

    No.

    Er, rather, NOOOOOOOOOOOOOOOO!

    While I don't think authorities should be using that information for commercial purposes, arrests records should absolutely be 100% public.

    With private records, you run the risk of embarrassment when the neighbors read your name in the local police blotter.

    Without private records, you end up...Well, we don't know where you end up. You're gone. And while we suspect the police had some involvement, nobody can find you to waive your right to keep your arrest secret.

    Nice to known members of the Bush administration are reading /. to mod such posts up. Send me a postcard from Guantanamo.

  23. Was he really arrested? by El · · Score: 5, Informative

    In California, statute 5150 enables them to put anybody into a mental facilty against their will for 72 hours for observation. This is NOT the same as an arrest. Arrested people go to jail. Committed people go to mental institutions. This kid was in a mental institution. Unfortunately, I beleive the legal requirements for locking somebody up for mental illness are much less stringent then for being criminals -- pretty much just the cop's judgement. They don't have a case for "false arrest" unless he was actually charged with a crime.

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  24. Could be illegal to do this. by Anonymous Coward · · Score: 5, Informative

    Could be illegal to do this....In a number of state, i.e. South Carolina and New York, it is illegal to use any public records (such as arrest records, property titles, mortgage records, etc.) for the purpose of solicitation.

    Someone should check the states where these sharks are swimming to see if those states have such restrictions.... then the will need their own lawyers.

    1. Re:Could be illegal to do this. by ALpaca2500 · · Score: 4, Interesting

      SpeedingTicket.net pays the state 10 to 30 cents for each record that it downloads (the state collects about $1.7 million annually this way), then charges lawyers 50 cents to over $1 to relay the data or perform value-added services, such as printing and mailing letters to prospective clients.

      it sounds like the state in question (california was it?) is selling this information

  25. Re:Bottom Line by stoolpigeon · · Score: 4, Insightful

    Would it matter? You should do some ride alongs with local police for a few nights.

    Not to mention- this guy is supposed to be on medication daily- and was off it. I am glad they picked him up for his own safety and that of others. This way he doesn't have to use the temp insanity defense if he 'accidentaly' kills somebody while he's off his meds. You see, in that state, he is not responsible for his own actions. So who is? When the folks were called he was in a mental care place- not jail. Sounds like he was treated well.

    Beat cops don't have the time or training to do a lot more than look at the current situation and quickly decide if they are going to remove someone. In a casino I bet it is an easy/quick decision. Then when he is no longer a threat to himself or anyone else, you have time to decide what to do. I didn't see anything in the article about him being charged.

    But as I said, there just isn't enough information here to make any kind of decision on the rightness/wrongness of what was done. Me- I'm sympathetic to cops and so I tend to assume they did o.k. unless something shows otherwise. It seems (maybe not- I'm just saying) that you are otherwise inclined.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
  26. Spam and Lawyers by cliveholloway · · Score: 4, Funny

    LoL - scum of the earth squared. If only we could somehow bring SCO into this equation I think we'd have the "most... evil... story... ever...".

    cLive ;-)

    --
    -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
  27. Re:my experience by Down8 · · Score: 4, Informative

    I had a similar situation, and the amount of mail I got afterwards was staggering. I didn't bother counting the letters (since I was innocent, and didn't need a lawyer), but the stack was about 5 inches high.

    And I wasn't allowed to make a phone call b/c cellphones don't take collect calls, and I didn't know anybody local's number (was arrested out of town). And, yes, there are very few cops who are doing the job right.

    -bZj

    --
    .sig
  28. Re:Yeah, and you're why they're still around by sckeener · · Score: 4, Interesting

    Obviously you've never had to face anything like this before. Before considering how high and mighty you'd be, remember that prosecution conviction rates are in the 90% across the states. If you ever get accused, win any way you can.

    I've lost both of my parents to prison. My mother is guilty and my father is not. My father was actually a lawyer who believed in justice.

    We do not have justice. We have law. There is a big difference. Don't trust that they'll play fair. Don't trust your lawyer to do a good job. Don't trust the jury to see the holes in the story.

    Bash any hole you can in the prosecutions case.

    And remember, it's going to cost a ton of money.

    --
    "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain