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Contract requires all Elements to be Enforceable
Dr. Warned for Attempt to Practice Law Based on a Medical Lien
Read the full article at https://www.linkedin.com/pulse/must-offer-acceptance-consideration-create-contract-zalma-esq-cfe and at https://zalma.com/blog plus more than 3600 posts.
Every mother wants her son to be a doctor or lawyer. Some doctors wished they became lawyers and some lawyers wished they had become doctors. Some even become both. The Plaintiff, Dr. Battersby, did not become both but tried to use contracts with his patients to practice law.
In Dr. Gregg N. Battersby v. Pamela Reid, State Farm Mutual Automobile Insurance Company and John Wiles, Of which State Farm Mutual Automobile Insurance Company and John Wiles, Appellate Case No. 2018-000943, Unpublished Opinion No. 2021-UP-044, State Of South Carolina In The Court of Appeals (February 10, 2021) dealt with his attempt that failed in the trial court.
ZALMA OPINION
When Dr. Batterby was kicked in the head by the state court once he should have learned the lesson that he could not practice law by making patients sign useless assignments of rights against insurers that do not insure the patient. Trying a second time was an insult to the court, an attempt to practice law without a license and a criminal act. The warning should not have been to assess sanctions if he tried a third time, the warning should have been a referral to the local district attorney. The record did not reveal how many insurers and patients fell for his wrongful conduct and useless assignments.
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