(1) If a lawyer signs a pawnbroker contract with an independent medical provider, the lawyer has legal and ethical obligations to protect the interests of the medical deposit holder within the right to guarantee the contract. If it is not possible to resolve a dispute between the client and the pawnbroker, the lawyer should limit the means of fulfilling her ethical obligations under Rule 1.15 and protect herself from legal liability. A medical pawning fee is a fee that is linked to the revenue collected by a person in the division`s company. A medical pledge right may be explicit or may be concealed. An explicit right to pledge is the subject of this article. An explicit pledge fee is a document that you sign and promises to pay for medical care once your damages have been paid. Your doctor has an obvious reason to sign a medical certificate or a letter of protection. That is, they want to make sure they are paid as soon as you receive a tally of your accident. Unfortunately, signing a medical pledge right tends to suppress your bargaining power.
Once you sign a medical pledge contract with a health care provider, all the revenue you receive from your application will be directly related to your medical expenses before receiving money. After Zerin, the fourth appeal district has also dug deep into the fair analysis of the pledges in The Farmers Ins. Smith (1999) 71 Cal.App.4th 660 (Smith). While Zerin was more pungent, Smith took a distinctly colourful approach from the outset: applying these principles to the facts before him, Zerin found that Farmers` language insurance policy does not lead to a fair pledge. Farmers did not show a negative dependence on the reimbursement of a particular fund, as political language required farmers to pay for medical services for each covered injury, regardless of the right to reimbursement. (Id. under p. 456.) Farmers also did not waive other rights or remedial measures based on the strength of the potential commitment to reimburse farmers for habitat. (Ibid.) In addition, Mr. Zerin indicated that farmers could not recover the medical benefits paid by advertising their policyholders` counsel and thereby implicitly designating the Miller disclosure rule. (Id. at 456-457.) (2) If only the client signs a pawnbroker contract with an independent medical provider, a lawyer may have legal and/or ethical obligations to protect the interests of the holder of the medical pledge.