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Steven J. Bruzonsky

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Steven J. Bruzonsky
917 E. San Angelo Ave.
Gilbert, AZ 85234
480-969-3003

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Please note that Attorney Bruzonsky has been doing this regular “Liens Corner” column since April 2006. His last “Liens Corner” article was for the November/December 2017 issue of The Advocate, having stepped down from this regular column, as he now works part-time (and is part-time retired) exclusively handling large subrogation/lien claims in very large personal injury and medical malpractice cases for other attorneys. However, attorney Bruzonsky may add notes to this website under the subject lien article headers from time to time. (Please keep in mind that this site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiair with all the facts and circumstances of your specific case and relevant law.) 

 

 

2015-11/12: A Sample Amended ER 1.15 Ninety Day Notice

June 25th, 2016 12:03:54 pm


This article has been published in “The Advocate”, a monthly publication of the Arizona Association for Justice/Arizona Trial Lawyers Association, November - December 2015 issue, @2015 by Steven J. Bruzonsky, Esq.

 

 

                                                                                               November/December 2015

                                                                             A Sample Amended ER 1.15 Ninety Day Notice

 

Arizona ER (Ethics Rule) 1.15 was amended effective January 1, 2014, in that ER 1.15(f) allows a lawyer to serve written notice upon a third party that the lawyer will distribute the property to the client “unless the third party initiates legal action and provides the lawyer with written notice of such action within 90 calender days.” If the third party fails to provide timely written notice of a legal action, then the lawyer may ethically disburse the property to the client, provided that the disbursement is not prohibited by law or court order. The rule does not require you to make a written determination that a lien claim is unenforceable or otherwise not a matured legal or equitable claim. Nonetheless, you should not use this notice rule to intentionally avoid paying legitimate lien claims, even if there may be a dispute regarding the amount of the lien. For more detailed information regarding the amended ER 1.15, please see “New Tool Addresses Third-Party Claims to Client Funds”, by Geoff Trachtenberg & Patricia Sallen, Arizona Attorney January 2014.

 

ER 1.15 as amended sets forth certain requirements therein which are to be included in the ER 1.15 90 day notice. Following is a sample ER 1.15 ninety day notice letter, and of course you will need to fill in the blanks:

__________________________________________________

 

[Date]

                     

                                                                                                                     Certified Mail Return Receipt [ARCP Rule 4.2(b)] 

            

             

[Name and address of Lien Claimant]

 

 

Re:  Our Client/Your Patient: ______________

        Account No.: ________________

        Date(s) of Service: ________________

        Date of Accident: _____________

       

 

Dear ___________;

 

My law firm represents the above patient concerning his (her) personal injury The purpose of this letter is to fully satisfy the ethical requirements of Arizona Ethical Rule (ER) 1.15; and to notify you that we believe that you have no right of any further monetary payment and/or no lien rights against our client’s personal injury settlement.

 

1.  90 calender day notice pursuant to ER 1.15:

 

Pursuant to Rule 42, Rules of the Supreme Court of Arizona, Rules of Professional Conduct, ER 1.15, I have determined that you do not have a matured legal or equitable claim to the personal injury settlement proceeds, described below, in this case, for the reasons set forth below. Please

be advised that if you do not initiate legal action and provide me with written notice of such action within 90 calender days from your receipt of this letter, then I may immediately thereafter  disburse the settlement proceeds without regard to your lien claim, as permitted by ER 1.15.

 

2.  Description of settlement funds and name of client: 

 

Our Client: ______________

 

Settlement Funds: $_________ total settlement funds [$_______ liability & $________ Underinsured Motorists (UIM)] (these are the policy limits; there is no other applicable auto insurance or umbrella coverage available).

 

3.  You are required to provide notice that litigation is being filed within the ninety calendar days, as discussed above, to:

 

[Name, address and contact information for attorney.]

 

This Notice serves to comply with Rule 42, Rules of the Supreme Court of Arizona, Rules of Professional Conduct, ER 1.15.  Contact me at once if you believe we have not complied with ER 1.15.

 

4.  Detailed Discussion - Why your lien claim does not apply to the settlement proceeds of this personal injury claim:

 

____________________________________________________________________________________________________________________________________________________________

______________________________________________________________________________

 

5.  Additional Information:

 

[State any additional information about the client, injuries and damages, other lien claims, etc if you feel such information may be helpful in getting the lien claimant to waive/release or take no further action concerning the lien claim.]

 

Thank you for your courtesy and assistance.”



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Terms of Use: This site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiar with all the facts and circumstances of your specific case and relevant law. If you use this site, or send information or e-mail the attorney, such action does not create an attorney-client relationship. For legal advise please personally consult with an experienced attorney like Steven J. Bruzonsky.