Allstate Guilty Of Malpractice For Telling Plaintiff Not To Hire Lawyer:
An Allstate claims adjuster who contacted a woman whose car was struck by a driver insured by Allstate, told her that she didn't need to hire a lawyer and advised her to sign a settlement and release has engaged in the practice of law and committed legal malpractice, the Washington Supreme Court has ruled in a 5-4 decision.
I have mixed feelings about this one. Of course, it's nice to see the playing field leveled. On the other hand, I sometimes think that laws governing unauthorized practice of law are dangeoursly vague and creep dangerously close to infringing the First Amendment. In this one, the court deliberately held back from ruling on the unauthorized practice issue, but how can one possibly commit "malpractice" unless one is engaged in the "practice" of the profession?
Posted by wasylik at May 21, 2002 01:52 AM