The Attorney's Office Tools
Going Toe-to-Toe Continued from page 35
Clients are far more comfortable in their homes and thus are far more likely to be forthright and candid about their potential cases. Meeting clients in their homes also gives the added benefit of seeing the world from their perspective. Getting to know your client is vitally important for you in both learning how to deal with him or her, as well as learning how to ultimately describe their injuries later in the process. Whether an automobile case, a medical negligence case,
or a products liability case, I spend the first hour or two of the initial interview explaining to each client the law and the process. Among other things, I explain to them the nuances in Maryland Law that do not comport with their television- acquired pre-existing notions of what the law is and how the process works. I spend a considerable amount of time on contributory negligence, the non-economic damage cap, and the extremely limited voir dire we have in Maryland. Most clients are shocked to discover that if they are one tenth of one percent at fault they can't recover. Many have trouble believing that there is such a thing as a non-economic damage cap. After all, how did that lady make so much money when she spilled hot coffee on herself? For medical negligence cases, I also explain to each client
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how the national practitioner databank works and the effect that it can have upon settlement. I explain that some medical negligence insurers, like Medical Mutual, give their policy holder physician the right to try the case even if the insurer thinks that settling it would be a good idea. Finally, I take each client through a hypothetical case from start to finish - from gathering records, to crafting a demand, to filing suit, to pursuing discovery, to trying the case to verdict, to appeal. I encourage the client to ask any questions that they may have and spend as much time as necessary answering them. I also give each client my cellular phone number and tell them that I sleep next to it and they can call me anytime day or night. In my experience, clients do not abuse this and only call when they really need to speak with me. I also make clear that there will be times, for instance when I am in trial, that I will not be able to take their call. Tis is necessary because I want to give my all to the client whose case is in trial. I explain that when it is time for their case to go to trial it will also have my undivided attention. Typically, my initial interview with the client takes two to four hours. Tat may sound excessive but, in my view, this is time well spent. By patiently taking the time with the client you are framing your relationship with the client. You are establishing the fact that you care. You are also letting the client know that you will be there to answer any questions that they may have along the way. I have found that by establishing these relationships up front, clients are much more understanding of you when you are tied up and unavailable to speak with them. If you have a staff with good people skills, and that you have trained appropriately, they will be more than capable of attending to your client's needs when you are unavailable.
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cases take a long time and while the case is being litigated all the cash you have tied up in it is unavailable to you. Worse yet, as you may be aware, case expenses in personal injury cases are not tax deductible unless and until you lose the case. Accordingly, you need to have appropriate cash reserves to weather the storm while your case is pending. Te best way to do that is to take twenty or thirty percent of each case that you win and stick the proceeds in a kitty that you can slowly build up as a war chest. Case selection is the next most important consideration
in having a successful small or solo practice. You simply cannot afford to take a flier on a weak complex medical negligence case. Make sure that the experts that you have review the case look for every possible counter argument to their opinion that the physician breached the standard of care. Spend the time up front thoroughly vetting each case. Know every possible
38 Trial Reporter / Spring 2010
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