Monday, July 20, 2009

Dancing with the Bars

The one page letter generously offered to accept a token million dollars in full settlement of a claim for which we were "solely and indisputably liable." I couldn't have accepted the Friday offer even had I wanted to. Plaintiff filed suit the following Monday.

Our investigator needed less than an hour to determine the facts. A motorcyclist crashed. A motorcyclist suffered injury. The sheriff used our product to mark the spot where the motorcyclist went over the cliff.

Our attorney shared those facts with the plaintiff's lawyer. Eight months and thousands of dollars later, he still refused to let us out of the case. Our attorney penned a nastygram explaining what would happen next if he persisted in his unreasonable refusal to let us go. The priceless response from plaintiff's lawyer to our defense attorney? "Why get your knickers in a twist? You're making money, aren't you?"

So sad, but so true. Without the plaintiff's bar, the defense bar would have nothing to do. One lawyer in town might starve. With two lawyers in town, both do well. Lawyers thrive on lawsuits. Your loss is their gain.

But a trusted defense attorney is not the enemy. Even though your wagons are hitched to different stars, an effective working relationship is key to navigating the legal landscape. Indispensable guidance and insight provide the foundation for dealing effectively with the plaintiff's lawyer and the lawsuit. The disconnect simply underscores the importance of rolling up your sleeves and diving into an effective, collaborative relationship with your defense attorney.

Expect defense counsel to help you through the lawsuit. Just don't expect him to show you how to avoid lawsuits in the first place. That's your job.

No comments:

Post a Comment