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Let me share with you what happens if when you ask your potential client what injuries
they suffered because of the wrongdoing and they turn around and start to tell you, "Oh,
I have mental and emotional damage. I have mental problems." The moment that you begin
to hear that the patient has mental problems, emotional trauma without any other physical
injury, I'm going to give you a strategic tip right now that will save you countless
hours of aggravation and hassle. And the answer is you should run as fast as possible away
from this individual. And the reason I say that is because historically folks who come
in claiming they have emotional trauma tend to have a lot -- a lot -- of emotional baggage.
And you can be sure that this will be a drama filled client. Somebody who will aggravate
you to no end, okay? And I say that from experience. And that's the considered opinion of many
experienced trial attorneys here in New York. But that is not to say that their injuries
are not valid. They may have a valid basis for a case. In fact, the wrongdoing may have
caused them horrible, horrible trauma. But the real problem comes in when we now try
and identify what the injury, what harm the injury caused. We have to filter out what
problems they have now, separate and apart from what problems they had in the past. And
if they had a history of psychiatric problems, you can imagine the records that are going
to have to be examined. And even if they were hospitalized or institutionalized, there are
still a whole history that goes on that you are opening a whole Pandora's Box that is
going to be the bane of your existence. It is something I highly recommend staying away
from. Now, there is one real exception here and the exception involves someone who commits
suicide. There are instances were a patient will be in a hospital, for example, and have
suicidal tendencies. And the doctor and the hospital turn around and say, "Okay. You're
now treated and cured. We're going to send you home." A day later, two days later, next
thing you know they commit suicide. We can now look back and see and make the evaluation
whether or not this patient should have been released at that time or whether there were
warning signs, whether they were indications that this patient had an ongoing psychiatric
problem that required further treatment, further diagnosis, further hospitalization. And in
some instances, we are then able to show that the hospital or the medical caregiver improperly
released, untimely released, a patient thereby causing and leading to the ultimate death
of this person. So in those scenarios, those can be good cases. However, if the client
tells you that they only have psychological problems without any additional physical injury,
my suggestion is: "Ms. Jones, thank you so much. But I'm sorry. I can't help you." Now
what do you do in a situation where you've now told somebody hey I'm sorry I can't help
you. Do you just simply say have a good day? The answer is no. Remember you, as the attorney,
have now probed. You've learned a little bit about them. You may even have offered them
some information and given them some legal advice about what the time limit is for their
matter. What do you do? What is your obligation for someone who you are now saying good bye,
I can't help you? You are obligated to send them a letter declining their matter. You
have to send them a non-engagement letter. And the law in New York requires that you
do it by sending them a regular mail letter, together with a certified mail copy return
receipt requested. And in it, you must include two very important things. "Ms. Jones, I'm
so sorry I'm not able to help you. I'm not making any judgment -- judgment call -- about
whether or not you have a valid basis for a case and that's why I highly recommend that
you consult with another attorney immediately." Because this way it tells Ms. Jones, hey,
you may be the be all and end all of these types of cases. I want you still to see another
attorney just to get another opinion. And by doing that, you will protect yourself forever.
And you put that in the file and you leave it alone.