bu John D. Darer CLU ChFC CSSC RSP
Another national settlement planning firm, has tripped over the use of an absolute descriptive in their advertising.
Despite common industry knowledge that a principal of the firm does defense work, the firm's website proclaims " We are solely retained by the injured party to create settlement plans that are tailored to meet the needs of your client. Not the defendant". Hmmm.
In January 2010 The East Bay Claims Association News Network published an announcement made to the association by the firm concerning one of the firm's associates. EBCA is an association of Insurance Claims Professionals. Are we missing something? Is networking among claims adjusters a "well known source of business" for "solely being retained by the injured party"?
The firm knows who they are as do many of us. Needless to say there are significant ethical concerns about this phenomenon. How many readers of such advertisements are unduly influenced by the misleading advertising?
Clearly the firm believes that plaintiff attorneys assign a high value to working with firms that are solely retained by the injured party. Yet if even one person in the firm does a single case for the defense the firm cannot ethically make the aforementioned advertising claim. So why make it?
Why not crawl out of the pigeon hole that you painted yourself into, come clean and focus on your qualities as a settlement planning expert?