In My First Year as a Solo Attorney, I Gave Up a Six Figure Case

Most businesses are not profitable in their first year, which makes what I did last week even harder to write.

In my first year owning my own law practice, I had the opportunity to make six figures on one case representing a driver and passenger injured in a car accident. Last week, I gave the case up and won't earn any profit from it.

This was by far the most difficult decision I've made to date as a business owner, but to build an ethical practice, I decided I had to do it.

Even though I no longer represent anyone involved in the case, attorney-client confidentiality remains, so I can't get into the details. But I can share California law regarding one lawyer representing more than one person in connection with the same incident.

California Law when an Attorney Faces a Conflict of Interest Between His Clients

California Rules of Professional Conduct Rule 1.7 prohibits a lawyer from representing a client in a matter (a) that is directly adverse to or (b) that would present a significant risk that the representation would be “materially limited” by the lawyer’s responsibilities or relationship with another client.

When there is a conflict of interest between clients, lawyers sometimes continue representing the clients by (1) informing all clients of the conflict and (2) getting all clients' written consent to continue representing everyone jointly. However, written consent doesn't resolve the conflict -- it just acknowledges it is there and waives objection to it. The clients will continue to have conflicting interests and the lawyer may have to make decisions that will benefit one of his clients at the expense of another.

Each case is different, so it requires looking at the specific facts of the case and the nature of the conflict to determine whether joint representation after written consent is sufficient, or whether the clients need separate attorneys.

The Long Game

Building a business, whether it's a law firm or anything else, requires a long term focus. And as I've now experienced first hand, it requires making difficult decisions along the way.

Cutting ethical corners could mean making additional short term profit, but I know that doing things ethically will mean the best long-term result. Maybe it's good karma, but I have already signed new cases that should make up the revenue I lost on this one.

Maintaining a reputation for honesty, avoiding malpractice, and referrals from happy former clients are worth a lot more than settling an extra case this year. Onto the next one!

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, motorcycle accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. Mr. Patzkowski is a graduate of U.C. Berkeley and U.C. Hastings College of the Law. He has recovered many millions of dollars for people injured in car accidents. If you or your family member was hurt in a car, bicycle, motorcycle, or pedestrian accident, please contact Mr. Patzkowski.

Disclaimer: The information here is general information that should not be taken as legal advice. It cannot be guaranteed to be accurate, current or complete. No attorney-client relationship is established between you and our law firm by reading this article. This article should not be used as a substitute for legal advice from a lawyer about the specific facts of your case.

Who Is Meyer Christian & Associates?

If you received medical treatment at a hospital, urgent care, or doctor's office after a car accident, you may receive a "Patient Incident Questionnaire" from a company called the Firm of Meyer Christian & Associates.

So who is Meyer Christian?

Located at 15151 Springdale Street in Huntington Beach, California, Meyer Christian contracts with health insurance plans and medical providers to help them get paid from people injured in car accidents.

Medical Reimbursement After a Car Accident

When you have health insurance, if you need to go to the Emergency Room or get seen by a doctor, your health insurance pays the bill, and you as the patient may owe a co-pay or your deductible. Once you've paid your patient responsibility, you should not owe anything more.

However, things work differently in the personal injury context. The terms of just about every health insurance policy provide that if the reason why you need medical treatment is due to some other person causing you to be injured, and you receive compensation for those injuries, then your health plan has the right to be reimbursed out of the money you receive for what they paid for your medical treatment.

Here is some sample health insurance policy language from Blue Shield:

"If a Member is injured or becomes ill due to the act or omission of another person (a 'third party'), Blue Shield, the Member's designated medical group, or the IPA shall, with respect to services required as a result of that injury, provide the benefits of the Plan and have an equitable right to restitution, reimbursement or other available remedy to recover the amounts Blue Shield paid for services provided to the Member from any recovery obtained by or on behalf of the Member, from or on behalf of the third party responsible for the injury or illness or from uninsured/underinsured motorist coverage."

In short, if someone else caused your injuries and you receive money as a result, even if that money comes from your own auto insurance policy, then the health insurance company is entitled to be reimbursed for what they paid for your medical treatment.

Who does Meyer Christian work for?

Meyer Christian ("MCA") has contracted with many health insurance medical groups and healthcare providers in Los Angeles County, Orange County, and the Inland Empire (Riverside and San Bernardino) for reimbursement. MCA's clients include, among others:

Anaheim Harbor Medical Group
Hawthorne Community Medical Group
Pacific Orthopaedic Surgical Medical Group
Heritage Victor Valley Medical Group
Desert Medical Group
Edinger Medical Group
Gateway Medical Group
Kerlin-Jobe Orthopaedic Clinic
Sharp Healthcare
SCAN/Medicare

Meyer Christian charges its clients a contingency fee, meaning how much money Meyer Christian gets paid depends on how much money Meyer Christian recovers for its client.

What should you do if Meyer Christian contacts you?

If you receive a letter or phone call from Meyer Christian after a car accident or other personal injury matter, you should consult with an experienced personal injury attorney before responding. Meyer Christian may ask you to sign documents that give them access to your private health information protected by HIPAA laws. Signing these documents may waive your privacy or limit your rights. Costa Mesa car accident attorney Blaise Patzkowski provides free consultations for people who are contacted by Meyer Christian or other health insurance reimbursement companies after a car accident. He can be reached at (949) 342-5120.

An attorney who is experienced in health insurance reimbursement can review the exact language in your health plan to determine whether your health plan has a valid right to be reimbursed. If your health plan does have a right to reimbursement, it is important to make sure that your health plan is not paid back any more than they are legally entitled to, including for medical treatment that is not required as a result of a car accident.

Additionally, an attorney can leverage the law to reduce a "lien" asserted by a health plan. For instance, California Civil Code section 3040 provides a basis to reduce health care liens. This means that your health insurance may not be entitled to be reimbursed the full amount they paid for your medical treatment, but instead a reduced amount based upon specified legal standards. An Orange County personal injury attorney well-versed in these laws can help to ensure that you are paying back your health insurance only what is legally required. When a lower amount of your settlement is being paid back to your health insurance, you receive more money from your settlement.

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, motorcycle accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. Mr. Patzkowski is a graduate of U.C. Berkeley and U.C. Hastings College of the Law. He has recovered many millions of dollars for people injured in car accidents, and has significant experience analyzing health insurance subrogation clauses and negotiating reductions in reimbursements when owed. If you or your family member was hurt in a car, bicycle, motorcycle, or pedestrian accident, please contact Mr. Patzkowski.

UPDATED: Perez Park in Costa Mesa Misses the Mark on Child Safety

Eastside Costa Mesa residents are very fortunate to have a new neighbor: a little park called Perez Park at the corner of Santa Ana Avenue and University Drive. The new "tot lot" with playground equipment is a welcome upgrade from the fenced off lot with overgrown plants that it replaces.

The park just opened, and I've already taken my 1 year old son there 4 days in a row. With the Coronavirus pandemic making indoor play dates off limits, the new park has created the Covid-friendly outdoor space that people crave right now.

But as grateful as I am for the new community gathering place, it has a big problem. The park is less than 20 feet away from two busy streets, but there are no gates to keep children from running out into the road. It's horrifying to think that in just a few seconds a toddler could run out into the road and get hit by a vehicle (University Drive is an OCTA bus route).

Parents need to be attentive to their kids. But unlike most parks where there's a grassy area separating the play area from the road, giving parents time to catch their speedy toddler before he makes it into the road, the tiny size of this park and the very short distance between the play area and road make it much more dangerous.

Child safety needs to be priority one, and installing gates is critical to make the park safe for our kids. We cannot wait for something terrible to happen, and then respond only after it's too late.

Perez Park was constructed by the County of Orange at a cost of nearly $2,000,000, and the City of Costa Mesa has assumed maintenance responsibilities. Installation of gates at each of the two entrances to the park should not cost more than a few thousand dollars.

With child safety at stake, not to mention the significant liability that both the County of Orange and and City of Costa Mesa could face if tragedy were to strike, installing entry gates at Perez Park should be a no-brainer.

UPDATE (2/26/2021): I am happy to report that this article and the attention it received made its way to the Costa Mesa City Council. I spoke with Mayor Katrina Foley and District 6 (Eastside Costa Mesa) Councilman Jeffrey Harlan and they both agree about the importance of child safety gates at Perez Park. It turns out that the County's plans for the park actually included gates, but for unknown reasons they were not constructed. The Costa Mesa City Council is now working with the County to get child safety gates installed at Perez Park!

Costa Mesa personal injury lawyer Blaise Patzkowski is an advocate for child safety and the rights of injured pedestrians in Southern California. If you or your family member was hurt in a car accident, please contact Mr. Patzkowski for a free consultation.

The Most Dangerous Streets in Costa Mesa to Walk or Bike

Three streets in Costa Mesa are particularly dangerous, with much higher rates of pedestrian accidents and bike accidents than others.

Knowing which streets are most dangerous can help you choose safer routes around the city, and can make you more cautious if you're on one of the streets where the risks are higher.

Pedestrians

Between 2014 and 2018, 162 pedestrians were hit by cars in Costa Mesa, California, including 9 fatalities. That works to more than 3 auto versus pedestrian collisions per month.

The street with the highest rate of pedestrian accidents was Newport Boulevard. The most dangerous intersections were Newport Boulevard near 19th St. and near 17th St.

The second most dangerous location for pedestrians in Costa Mesa was near Orange Coast College, with a number of pedestrian accidents surrounding the OCC campus on Harbor Blvd. and at Adams Ave.

The third most dangerous street for pedestrians in Costa Mesa was West 19th Street, particularly at its intersections with Harbor Blvd. and Pomona St.

The most common time for pedestrian collisions was the late afternoon/evening, with a surge on Fridays and Saturdays between 3:00 p.m. and 9:00 p.m.

Bicyclists

During the same time period, there were even more bicycle accidents in Costa Mesa than pedestrian accidents, resulting in 238 victims.

The same three streets that lead in pedestrian accidents in Costa Mesa also have the highest rate of bicycle accidents, but the order differs. The streets with the highest rates of bicycle accidents are Harbor Boulevard, West 19th Street, and Newport Boulevard.

Bicycle accidents were more likely to occur on weekday afternoons. The two days with the highest rates of bicycle accidents are Wednesdays and Thursdays, from 12:00 p.m. to 6:00 p.m.

This data about where collisions are most common can help you reduce your risk of being involved in a car accident by choosing a safer street to walk or bike when possible. Taking the 55 Freeway would be the fastest way for my wife to get to work, but she takes surface streets where traffic drives slower. Or if you do walk or ride on one of these streets, be extra alert for cars.

Note: The data used in this article comes from a report generated by the UC Berkeley Safe Transportation Research & Education Center (at my alma mater), in conjunction with California Walks and community members from the city of Costa Mesa. Their full report can be read here.

Costa Mesa bike accident lawyer Blaise Patzkowski is a cyclist and advocate for the rights of injured bicyclists and pedestrians in Southern California. If you or your family member was hurt in a bicycle or pedestrian accident, please contact Mr. Patzkowski.

Where on the road can I ride my bike?

You can't ride your bike on the sidewalk in certain cities in California. And in many cities, there are only certain sidewalks where you can ride.

So if you have to ride in the street, where on the street can you ride your bike?

The answer can be found deep inside the California Vehicle Code. I dug it up so you won't have to.

California Vehicle Code section 21202 states:

(a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway

So unless you're cycling as fast as the cars on the road (yes, it happens -- I once worked with a cyclist who was riding over 40 mph), you should ride your bike in the same direction that vehicles are traveling, and you should be as close as feasible to the right curb/edge of the road. And where there's a bike lane, you should use it.

However, there are five exceptions that allow you to ride your bike somewhere other than the far right side of the road. Those are:

When overtaking and passing another bicycle or vehicle proceeding in the same direction.
When preparing for a left turn at an intersection or into a private road or driveway.
When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge.
When approaching a place where a right turn is authorized.
On a one-way road with two or more marked traffic lanes, you may ride as near the left-hand curb or edge of that roadway as practicable.

Following the law when cycling will not necessarily prevent a car accident, especially when there are so many drivers who are distracted by their cell phone or driving under the influence, but it makes an accident with a car less likely. The more you can do to protect yourself while biking, the better.

And a note about the photo, you can't wear headphones in both ears while riding a bike in California (California Vehicle Code section 27400). Good thing it looks like he stopped pedaling before the photo.

Attorney Blaise Patzkowski is a cyclist and advocate for the rights of injured bicyclists in Southern California. If you or your family member was hurt in a bicycle accident, please contact us to speak directly with Mr. Patzkowski.

Can I ride my bike on the sidewalk in Newport Beach, CA?

With 10 miles of beautiful Pacific Ocean coastline (not to mention the Newport Peninsula, Back Bay, and Balboa Island), Newport Beach is one of the most popular biking destinations in Orange County.

Unfortunately, Newport Beach is also one of the most dangerous cities in California to bike. According to the California Office of Traffic Safety (OTS), in 2018 Newport Beach was in the top 11% for the most bicyclist injuries/fatalities compared to other comparably sized cities in California.

As a cyclist, an important way to reduce your risk of being involved in a car accident is to ride in the safest part of the roadway possible. Often, it feels safest to ride on the sidewalk, but riding on the sidewalk isn't always legal. Each city in California has its own laws regarding whether riding a bicycle on the sidewalk is legal.

So, can you ride your bike on the sidewalk in Newport Beach, CA?

The answer is that you can ride your bike on some but not all sidewalks in Newport Beach.

Newport Municipal Code section 12.56.030 (Operating Bicycle on Sidewalk) states:

A. Prohibition. No person shall operate or ride a bicycle upon any sidewalk in the City.

However, there are a number of exceptions, namely for: "Sidewalks on which bicyclists are permitted pursuant to a resolution adopted by the City Council."

Here is a helpful map showing where bicycle riding on the sidewalk is allowed in Newport (the yellow lines):

As of 2014, there were 25.5 miles of sidewalk in Newport Beach where bicycle riding was allowed. Some streets where sidewalk bike riding is allowed are:

Pacific Coast Highway, between Jamboree Road and Dover Drive
North and South Bristol Street
MacArthur Boulevard
San Joaquin Hills Road
Newport Coast Drive
Bonita Canyon Road
Irvine Avenue near 15th Street

Note that in some cases you may only be allowed to ride on the sidewalk on one side of the street, or for only a portion of the street, so look for signs that say "OK for Bikes to be on Sidewalk" to be sure.