Instructions for when to use the "Do I need an attorney?" brochure
Editor's note: The following text is taken verbatim from Allstate's "confidential" employee training manual, "Unrepresented Segment Training." An "unrepresented segment" refers to a person who does not have a lawyer but who has been involved in an accident with an Allstate policyholder.
In general, you should use this form to assist in explaining the role of attorneys in the claim process to unrepresented claimants. The "Attorney" form should reinforce some of the things you have already explained to the claimant. As such, it may be used to reinforce what you have already told the claimant. You should not give the form to every claimant, but only those to whom it would be most appropriate. Do not provide the form when potential "interstate" problem could arise. If the claimant resides in another state, or the accident occurred in another state, the statute of limitations, which is applied to the case may vary. Hence, while we can discuss attorney economics, we cannot state with certainty which state's statute would apply.
The purpose and intent of this form is to provide factual information to claimants concerning the role of attorneys. Please note that you must not attempt to persuade claimants not to retain an attorney. Your role should be to provide important information to claimants concerning attorneys, enabling the claimant to make a more informed decision. Remember, the decision on whether to retain an attorney is the claimant's, and we must honor and respect that decision.
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