Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 1105
Office System 100 OS

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. -Mark Studin 2006

"Getting paid Lien Money on old cases"


Dr Studin: So you have an old patient that you treated how long ago?

Guest Doctor: 2015.

Dr Studin: And which is well before you were in the program and the case went to trial. How long ago?

Guest Doctor: They requested medical records in 2017.

Dr Studin: And then the case settled at some point in time during trial?

Guest Doctor: Yes.

Dr Studin: And how much is your lean for?

Guest Doctor: $5,577.

Dr Studin: And how much did they offer you in settlement?

Guest Doctor: $1,750.

Dr Studin: So they offered you like 20% and they claim they collected how much on the case?

Guest Doctor: They're saying a settlement amount of 27,000.

Dr Studin: So your five and change is well within the one third rule. This is not the lawyer that originally had the case, from what I understand, this is just some subsequent lawyer who assumed the case to just the lawyer you work with, there's no longer involved in the case or out of practice, correct?

Guest Doctor: That's correct.

Dr Studin: Did you have a lien on the case?

Guest Doctor: I did.

Dr Studin: Do you have verification that the original lawyer is in receipt of that lien?

Guest Doctor: I am not sure. It was not sent certified.

Dr Studin: So it was your business practice not to give verification of that five years ago?

Guest Doctor: Correct.

Dr Studin: So you don't have a legal leg to stand on right now because did they ever acknowledge to you that they have a copy of the lien?

Guest Doctor: I believe so.

Dr Studin: Did they do it in writing or verbally?

Guest Doctor: Verbally. There's been no communication.

Dr Studin: There is no communication in writing. So they're smart because they know that you have no verification of that or if they don't know they're using the law to leverage you. By the way, when you make mistakes like that, that's called tuition. You know when you go to school you have to pay a price so that this might be your price. If you had verification, they received your Lien, you can go after their license and they're going to lose it, This is bad practice of law, but you don't have verification. So they contacted you because they know there is a lien, correct?

Guest Doctor: Yes.

Dr Studin: So here's what I would do and this is how to clean stuff up going backwards. What you need to do the send the letter, got a pencil and paper, and by the way the lawyer is smart. This is a good lawyer who's really working you over. Ah, dear Mr. lawyer, and if you need to know how to spell anything, let me know, thank you for communicating to me that you are seeking to honor my lien, which you were in possession of. Attached is a copy of said Lien to ensure… Just attaches a copy of said Lien and please note that my Lena is $5,300 or $5,500. It is my business policy that I never take more than one third of the settlement which in this case, my bill is well within those parameters period,should you request me to ‘be a team member’ and except less, I will happily reduced my fee. To the same percentage you reduced your fee. That can only be accomplished with copies of dispersement sheets and copies of checks in verification. Please inform your client. That was with all transparency, I am not willing to reduce my fee at any level, since your offer is well below the cost of me treating my patient you are asking me to pay for both you and your client to make money. I look forward to working with you in the future. However, if a response is not received within five business days, I will consider running a complaint to the state bar of California. How many times did you try calling the lawyer?

Guest Doctor: They called me and I've called them and spoke to their assistant.

Dr Studin: So you did speak to their office,That's fine. So we you have to take the threat out. See, here's the thing, they worked, they did communicate with you, they did negotiating with you. Here's how you finish with this. Please understand this is not a negotiation this is my business policy and I expect a response within five business days of receipt of this correspondence. Respectfully put your name down. You're going to send the copy of the Lien and certified return receipt. You're going to fax it and pull back the facts back report with a copy of the lien and then if you already get that from them five days, you're going to render a complaint to the state bar of California against her license for not honoring a contract. If they don't communicate with you, if they do communicate with you then you know we'll cross that bridge when we get to it, but this is the intermediary step. Unique correspondence showing that they're not honoring a contract. Right now, you need to establish that they have a copy of your lien because you didn't do this right in 2015 so we need to clean that up. 

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