By: Jim Bleeke
BleekeDillonCrandall Attorneys
Over the past three years, I have had five different cases transferred to me in mid-stream from five different law firms. In addition, several new clients come to our firm because they were dissatisfied with their previous lawyers. While I am always grateful for the opportunity to assist existing clients with troubling cases or to work with new clients, I never look forward to the initial conversation with the lawyer from whom a case is being transferred. (To the credit of the attorneys whom have transferred cases to me, they have always done so professionally and they always have been courteous and helpful to me.) When I mention to my partners or other good friends who are attorneys the names of the lawyers from whom these cases have been transferred, I often get a puzzled look and a comment of, “Wow, that person is a really good lawyer. I wonder why the client transferred the case.” I have even had the transferring attorney ask me why I thought the case had been transferred from them. These situations beg the question “How do good lawyers get fired?”
In my experience, the decision to transfer a case away from an attorney rarely has to do with the attorney’s trial skills or intellectual legal abilities. Instead, from listening to clients and reviewing the files after they have been transferred, the reason for the cases being transferred almost always boils down to one basic problem¬—the failure to truly know what the client wants.
Specifically, the failure to know and deliver what the client wants normally falls into three categories. The cases or new clients that have been reassigned to our firm result from the following:
1. Failure to understand and embrace the client’s reporting requirements that are necessary for the client to make timely evaluations and reserving decisions on their cases;
2. Failure to understand and embrace the client’s attitude toward settlement versus trial and particularly prior to a scheduled mediation;
3. Failure to fully realize that the client, not the lawyer, should be deciding if and when a case will settle and which cases the client truly wants to defend through trial.
In my experience, even highly skilled lawyers, with excellent trial abilities, can fail to recognize what is truly important to the client. Often those lawyers are extremely busy and believe that their greatest priority is preparing the best possible legal defense in each case, and that the clients and the people managing the litigation will just have to understand the demands on the trial attorney’s time and how the client’s expectations cannot always be met. However, clients tend not to see the world that way.
During the ten years I spent as in-house counsel at a medical malpractice insurer, the lawyers that I truly appreciated most were the ones who could prepare excellent defenses and still provide me with the information I needed to evaluate cases and make decisions on which cases to try and which ones to settle. Those lawyers were every bit as busy as the lawyers who did not provide timely reports, or who complained about having to try cases that they thought they might lose. When we had to transfer cases from one lawyer to another, we always sent the transferred cases to the lawyers who we KNEW would provide us with timely evaluations and give us the information we needed to make the crucial decisions.
I look forward to hearing an excellent discussion of these types of issues at the upcoming DRI Medical Liability and Health Care Law Seminar, March 8-9, 2012, in New Orleans. Stan Starnes, currently CEO of a very successful medical malpractice insurer, and previously an outstanding trial lawyer for many many years, will be speaking on Representation of Health Care Providers: Expectations and Opportunities. I cannot think of any lawyer more qualified to talk about these issues from the perspective of both the trial lawyer and the client than someone with Stan’s outstanding trial skills and experience and his intimate knowledge of what it takes to successfully manage many challenging cases across the country. (In addition, I always look forward to socializing with my many good friends and colleagues who are involved with DRI’s many excellent medical liability programs.)
Thursday, January 26, 2012
Monday, January 16, 2012
Bigger is Not Always Better
By: Jeb Crandall
BleekeDillonCrandall Attorneys
Over the last few years, Indianapolis has seen several of its largest and most prominent law firms splinter and merge with existing firms, several of which merging with large out-of-state firms. These mergers often result in the severance of various practice groups within the new firm, causing many employees (attorneys and staff) to seek new employment. The “large firm” model seems to be heading the way of the dodo bird due to skyrocketing overhead costs and clients looking to cut costs and perform more work in-house.
Some of the greatest benefits of working in a smaller firm are that we don’t have the enormous overhead costs or the proverbial “mouths to feed.” We can also be more flexible when it comes to fee arrangements with clients. In addition to the economic benefits associated with a smaller law firm, there are other intangible benefits as well. For instance, I actually know everyone that works in my office!! This provides for a much more congenial and collaborative work environment, which in turn provides a greater work product and result for our clients.
BleekeDillonCrandall Attorneys
Over the last few years, Indianapolis has seen several of its largest and most prominent law firms splinter and merge with existing firms, several of which merging with large out-of-state firms. These mergers often result in the severance of various practice groups within the new firm, causing many employees (attorneys and staff) to seek new employment. The “large firm” model seems to be heading the way of the dodo bird due to skyrocketing overhead costs and clients looking to cut costs and perform more work in-house.
Some of the greatest benefits of working in a smaller firm are that we don’t have the enormous overhead costs or the proverbial “mouths to feed.” We can also be more flexible when it comes to fee arrangements with clients. In addition to the economic benefits associated with a smaller law firm, there are other intangible benefits as well. For instance, I actually know everyone that works in my office!! This provides for a much more congenial and collaborative work environment, which in turn provides a greater work product and result for our clients.
Thursday, January 12, 2012
No Playoffs In Indy – Just Super Bowl
By: Jim Bleeke
BleekeDillonCrandall Attorneys
January in Indianapolis seems a little empty this year without our Colts in the playoffs. (We all hope that Peyton gets healthy and Andrew Luck joins us to begin another long run of playoff appearances for our home town team.)
Instead, this year our city is preparing to display Hoosier Hospitality to the many guests who will attend Super Bowl XLVI. Our new convention center connected to Lucas Oil Stadium and many new downtown amenities are ready for the enjoyment of fans from around the country. We are very proud of Indianapolis and its people and feel very fortunate to live here. We hope our Super Bowl visitors have a great time in our city.
We invite any of our clients who visit Indy for the Super Bowl to contact us to assist with accommodations, advice on fun activities, or to share a meal or drinks so we can join in the fun!
BleekeDillonCrandall Attorneys
January in Indianapolis seems a little empty this year without our Colts in the playoffs. (We all hope that Peyton gets healthy and Andrew Luck joins us to begin another long run of playoff appearances for our home town team.)
Instead, this year our city is preparing to display Hoosier Hospitality to the many guests who will attend Super Bowl XLVI. Our new convention center connected to Lucas Oil Stadium and many new downtown amenities are ready for the enjoyment of fans from around the country. We are very proud of Indianapolis and its people and feel very fortunate to live here. We hope our Super Bowl visitors have a great time in our city.
We invite any of our clients who visit Indy for the Super Bowl to contact us to assist with accommodations, advice on fun activities, or to share a meal or drinks so we can join in the fun!
Wednesday, January 4, 2012
BleekeDillonCrandall Reflection
By: J. Richard Moore
BleekeDillonCrandall Attorneys
For most of us, the transition from one year to the next is a time for reflection. For individuals, holiday activities and celebrations with family and friends often resurrect memories from previous years and provoke an anticipation about what the new year will bring. For businesses like BleekeDillonCrandall, whose fiscal year tracks the calendar year, this time of year involves assessing the performance of our professionals collectively and individually over the past year, and endeavoring to make educated predictions about our performance for the next.
For us, that is especially challenging given the development of our firm during 2011. The firm emerged at the beginning of the year with a new name and new leadership, and with a renewed commitment to providing the absolute highest level of client service in a collegial and even fun work environment. At this time last year, two of our professionals (including the author of this entry!) had not yet come aboard. On March 1, I joined the firm in an effort to complement BleekeDillonCrandall’s existing medical and long-term care practice, and to add the defense of product liability claims and defense of other professionals including builders, architects and engineers. On July 1, Stephanie Franco Holtzlander joined us, bringing her substantial experience in defending hospitals and medical professionals against liability claims. Since then, our team, including principals Jim Bleeke, Carol Dillon and Jeb Crandall, along with attorneys Chris Simpkins, Milt Thompson and Kristen Halliden, and our trusted staff, have worked to solidify our base of experience and to strengthen even further our dedication to responsiveness and results for our clients.
So, as we reflect on the past year and plan for the year to come, the challenge of the unknown is one we readily accept, and even look forward to. If 2011 was a year of successful transition, we expect 2012 to be a year of unmitigated success, as we build on the strong base we have established.
BleekeDillonCrandall Attorneys
For most of us, the transition from one year to the next is a time for reflection. For individuals, holiday activities and celebrations with family and friends often resurrect memories from previous years and provoke an anticipation about what the new year will bring. For businesses like BleekeDillonCrandall, whose fiscal year tracks the calendar year, this time of year involves assessing the performance of our professionals collectively and individually over the past year, and endeavoring to make educated predictions about our performance for the next.
For us, that is especially challenging given the development of our firm during 2011. The firm emerged at the beginning of the year with a new name and new leadership, and with a renewed commitment to providing the absolute highest level of client service in a collegial and even fun work environment. At this time last year, two of our professionals (including the author of this entry!) had not yet come aboard. On March 1, I joined the firm in an effort to complement BleekeDillonCrandall’s existing medical and long-term care practice, and to add the defense of product liability claims and defense of other professionals including builders, architects and engineers. On July 1, Stephanie Franco Holtzlander joined us, bringing her substantial experience in defending hospitals and medical professionals against liability claims. Since then, our team, including principals Jim Bleeke, Carol Dillon and Jeb Crandall, along with attorneys Chris Simpkins, Milt Thompson and Kristen Halliden, and our trusted staff, have worked to solidify our base of experience and to strengthen even further our dedication to responsiveness and results for our clients.
So, as we reflect on the past year and plan for the year to come, the challenge of the unknown is one we readily accept, and even look forward to. If 2011 was a year of successful transition, we expect 2012 to be a year of unmitigated success, as we build on the strong base we have established.
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