In The News09.29.2020

David Atkins Quoted in Law360 Article on an Unusual Massachusetts Firm-Pharmacy Referral Deal


David Atkins, chair of Pullman & Comley's Professional Liability practice, was quoted in a Law360 article on an unusual deal in which a Massachusetts personal injury shop was paid to direct clients to an online pharmacy.

The matter raises various red flags on ethics, conflicts, disclosures, and financial interests, but David believes there is also a possibility that a bar inquiry would look at a link to a third party that was placed on the firm's website as a form of attorney advertising, which is prohibited in all state ethics rules. "A disciplinary prosecutor might claim the firm's alleged failure to disclose on its website that it was charging IWP [to promote the link] amounted to a misleading omission within the meaning of the rule," David said.

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