What is an ambulance chaser?

It’s not exactly a legal term but ambulance chasing is peculiar to the legal practice. “Ambulance chaser” is a pejorative term used to describe lawyers who gain clients by approaching accident victims and prodding them to file personal injury claims against whoever purportedly caused the injury. A reverse procedure as it were because, normally, it is the lawyer who gets approached. But there are lawyers who do go around seeking clients instead of waiting for prospective clients to come to them. Accident and disaster scenes are fertile grounds for finding clients. Hence, the term “ambulance chaser.”

Illegal in some jurisdictions

Note that ambulance chasers do not advise victims to file criminal charges but, rather, civil action for damages. Why? Because there is no money in representing an injured person if the only objective is to send to prison the person who caused the injury. The money is in the civil action where the judge (or jury) makes a pronouncement as to an amount to compensate the injured party. For his professional fee, the lawyer gets a percentage of the amount.

In other words, for the ambulance chaser, the law suit is not so much about justice but the amount of professional fee he will get if he wins the case for his client. It is, therefore, quite usual for an ambulance chasing lawyer to ask for an exorbitant amount of money in the complaint. It is also quite usual to exaggerate the injury by claiming that the victim suffered mental anguish, shock, anxiety and other analogous state in order to recover moral damages over and above the compensatory damages.

Ambulance chasing is, therefore, illegal in some jurisdictions. more »»

R.A. 10175: Cybercrime Prevention Act of 2012

Much has been written about the Cybercrime Prevention Act of 2012. Most of what has been written are downright stupid. No, the new law does not define a new crime, a.k.a. internet libel. It merely says that libel, as already defined in the Revised Penal Code, may also be … more »»

“Sottofied” enters Urban Dictionary

Sottofied: "Plagiarizing content from bloggers but passively aggressively denying any relevance of said-blogger, claiming they also ripped off that what they posted." And then, there's sottonism which is defined as 1. the act of avoiding originality at all costs or 2. … more »»

Same sex marriage in New Zealand a “near certainty”

The proposed same sex marriage law in New Zealand passed first reading with a with a vote of 80 for and 40 against. *Cheers* The NZ Catholic Bishops objects (it's an organization; ergo, singular -- 'wag na umangal). *Facepalm* Reference: New Zealand Herald … more »»

A blogging bill, of all things

So, it has come to this. A senator, Tito Sotto, lifts from a blog without crediting it, he gets found out, he tries to (unsuccessfully) wiggle out of the predicament insisting he had done nothing wrong then moves to have the plagiarized paragraphs stricken from the official … more »»

Blogging standards higher than Senate standards

Mr. Tito Sotto's chief-of-staff finally admitted that neither the senator nor any member of his staff was able to read the book of Dr. Natasha McBride whom the senator insisted in an interview was the one quoted in his speech of August 13 and not the blogger Sarah Pope. But … more »»

Rep. Todd Akin: he didn’t mean “legitimate” rape; he meant “forcible” rape

Sad or not, clueless senatoriables are not unique to the Philippines. Todd Akin, a Republican member of the US Congress aiming for a Senate seat in Missouri made this outrageous claim that "If it’s a legitimate rape, the female body has ways to try to shut that whole thing … more »»

Still on Tito Sotto and Sarah Pope

It’s just a blog and has no copyright, says Sotto. [PDI] Mr. Sotto (regretfully or not, I cannot address you as "Senator" nor "Honorable" as that would be a disgrace to the title and the salutation), it's sad that you became a senator -- a lawmaker -- without even knowing … more »»

Another proof to show that issue of same-sex marriage isn’t merely about the right to love blah blah blah

In a previous post, I wrote my reaction to a blog entry in The Washington Post that, essentially, supports same-sex marriage because "All couples, including same-sex couples deserve the joy, happiness and 'completeness' that comes with a civil marriage." I said it was the … more »»

The principle of “totality of infractions” in labor law

In Billy M. Realda v. New Age Graphics, Inc. and Julian I. Marisol, Jr. (G.R. No. 192190. April 25, 2012): Facts Employee was incorrigible, habitually tardy, often absent and, worse, willfully disobedient on more than one occasion. He was eventually dismissed after he … more »»