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Kelly A. Genova, P.C.
General Approach to Work

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T 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.