HE GOAL OF the firm is to accurately evaluate cases as quickly as possible so
that settlement can either be achieved or ruled out before expensive discovery
and trial preparation are begun.
When a new file is received, all
immediately available information is obtained and reviewed. This includes
information contained in the client's file including medical records,
adjusters notes, witness statements and investigative reports. In addition,
the adjuster or risk manager is contacted for any additional insights or
instructions regarding the file. The opposing attorney is contacted to
ascertain his or her theory of the issues and supporting evidence, and
possibility of settlement, and to obtain any documentary evidence he or she
is willing to provide without a formal request. Finally, counsel for any co-
defendants are contacted for their theories of the case and to explore the
possibility of a cooperative defense.
If a case cannot be settled, the firm commences with an aggressive defense
strategy. No significant activity is undertaken without client authorization.
The firm provides copies of written discovery responses for review and input
by the adjuster or risk manager. Evaluation letters of depositions will
follow each deposition taken. However, the adjuster is urged to attend key
depositions, so that he or she can assess first hand the merits of Plaintiff's
case. Throughout discovery, the client is provided with periodic status
reports to disclose significant discovery, new settlement opportunities and
additional recommendations.
The firm, while remaining conscious of the need to control legal costs,
recognizes that some cases, for various reasons, must go to trial. In such
cases, it is important to recognize that austere pretrial preparation, while
initially attractive from an economic standpoint, may ultimately may not make
economic sense if defense at trial is compromised. Therefore, the firm always
endeavors to balance the need for a cost-effective defense with the need for a
thorough defense.