Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 40 L

From the Desk of Dr. Mark Studin
Academy of Chiropractic
Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time.

"Overcoming Scumbag Plaintiff Lawyers"

Most plaintiff lawyers (patients' lawyers) are great to work with. However, there is a subset who will try, at every level, to steal your money and hide behind their clients. The reality is that the majority of plaintiff lawyers will attempt to disperse your funds in a multiple of formulas that all include their getting their full share first and then working with you to try to make you happy based upon what's left. However, the majority of the lawyers also understand the issues and once you bring in your financial policy, will work with you to make everyone happy. However, there are those few "scumbags" that will hold the line and attempt to do and say anything to cheat you out of your fair and equitable reimbursement.

The following is what Dr. Zamikoff, from Florida, recently wrote a lawyer to resolve the issue fairly and focus on the regulation quote and the bar threat. Should you have all of your documentation in order, you have the power in the negotiations.

Dear Mr. Cheatum, 

There may have been a misunderstanding in our previous conversation regarding my patient and your client Justin Client. You notified me that the case had settled for $50,000 but are asking me to take a more than 50% reduction on my balance due. I explained to you that my costs were greater than the amount you were willing to pay but I am willing to work with you to get this matter resolved quickly. You informed me that you were not authorized to make any financial decisions and you would have to consult Mr. Cheatum. I also offered to reduce my bill the same amount as you are reducing yours. I know you are not obligated to reduce your fees but either am I. It appears to me that I am the only one willing to work on a resolution to the case by taking a reduction. My office policy is that my fees are my fees unless my fee is greater than 33.3% of the total settlement. If it is, I am willing to reduce my fee to be not greater than 33.3%. I consider myself part of the team and will take any reduction equal to what the others are taking. On our last phone conversation you explained that if I was not willing to take a reduction you would have no choice but to place this entire settlement into the court registry and seek an equitable distribution under Fla.R.Civ.Pro 1.600. I was agreeable to that decision and thought the matter was resolved. I was then told that your office contacted mine and explained that again due to my unwillingness to accept an amount less than half of what we are owed that I should bill Mr. Client as I would any patient that owes us money. I believed we had a valid LOP and was under the impression we were working together to help the patient/client. I was rendering treatment to the patient based on the assumption you were protecting my interest. I believe I have a valid claim for recovery and Bar complaint if we cannot resolve this ourselves. 

David S Zamikoff DC, DAATP 
CC: Mr. Gary Cheatum 
Mr. Justin Client

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