PERSONAL INJURY PRACTICE" 3rd Edition
Book written by K. William Gibson
Book review by Kenneth Vercammen, Esq.
This
book is intended for the practitioner who wants to develop a more general
practice into one specializing in Personal Injury Law, or who already has a
Personal Injury practice and would like to build that practice. The updated
edition of the book includes a valuable CD.
This
book, published by the American Bar Association's Law Practice Management
Section, continues the series for solo, small firm lawyers who currently specialize or who would like
to engage in this specialty practice.
I
read the first edition in 1996.
The 3rd edition is helpful even for the experienced
attorney. The following are some
of the great tips by the author. Starting
a Personal Injury Practice is not for the fainthearted. The difference is money. In other types of practices, the lawyer
takes in a case, often getting a retainer to cover future fees, does the
client's work; and then sends a bill for the time spent and gets paid. In a Personal Injury practice, the
lawyer takes in a case; spends his or her time and money getting the case ready
for settlement or trial; and then gets paid in a year or two, if everything goes
well. Page 1.
Starting
a Personal Injury Practice has been made even harder by the insurance and
business lobby's unrelenting assault against injury victims and trial lawyers.
Page 4.
Nowhere
in the practice of law the author points out is there more opportunity to help
those who are truly in need, who have been wronged through no fault of their
own, and who are not going to get any relief without a lawyer who is willing to
fight for their rights. Nowhere in
the practice of law is there more of a David versus Goliath scenario than a
working man or woman or retired person or child doing battle with a gigantic
insurance company or corporation.
Page
4: Lawyers who fail to build a successful personal injury practice often point
to poor case selection, mismanagement of personnel, and poor use of time and
money. There are four cornerstones
to a sound foundation:
(1) A commitment to work hard to make your
practice succeed
(2) The ability to manage your time, money,
and people
(3) Adequate capital
(4) The desire to do the right thing for
your clients
Page
11: The author discusses the
advantages versus the disadvantages of a partnership. The main financial advantages of a partnership are that
there are two people to bring in resources and generate fees and to share the
expenses. Solos who often share
office space can get feedback and advice from other lawyers, but the advice of
someone who has a direct stake in the decision is probably more sound than
someone who has no interest in the decision.
Page
14: Choosing the right partner is
important. On a personal level, he
or she should be truthful, ethical, considerate of other people, compassionate,
slow to anger, and unselfish. He
or she should be someone you like and respect and whose company you enjoy. On a professional level, look for
qualities such as good work ethic, diligence, thoroughness, a willingness to
fight for clients, and the ability to present a case effectively. If you want to have a small, easygoing
practice, you should avoid someone who wants to build an empire. If you want to expand into neighboring
communities and advertise on television, you will not want a partner who
prefers a low-profile practice.
Your partner should have the same financial objectives as you. Page 15.
Page
21: Writing a Business Plan: Before opening the office door's, you
must secure suitable financing. To
do so, you will need a good business plan. Your business plan should include these six elements:
(1) A description of the kinds of services you
intend to offer
(2) A statement of the location(s) where
you plan to offer your services
(3)
A description of your target market (i.e. who will use your services)
(4) A projection of anticipated revenue and
operating expenses
(5) A statement of personal resources that
you intend to commit to
financing
the practice
(6)
Statements detailing your personal net worth (i.e. assets - including
bank account balances, stock holdings, value of home, car, and other personal
property, etc. - and liabilities - including amounts owed on credit cards,
student loans, etc.)
Page
21: If your goal is to build a
high volume practice, geography will be an important consideration in choosing
the location of your office.
Prospective clients may not be willing to drive a long distance to get
to your office when there are other lawyers whose offices are close to their
homes or work. Many people do not
like to go "into the city", especially in large cities.
Page
22: Multiple offices: In considering whether to have multiple
offices, client convenience will be the most important issue. Supporting multiple full-service
offices is an expensive and labor-intensive undertaking. A less costly alternative is for a
lawyer to open a branch office but handle all the paperwork at the main
office. Many lawyers who use the
main office - branch office approach locate their branch office in an executive
suite with office space, reception, coffee, photocopies, and related services
provided.
Page
23: Marketing strategies: You want to communicate with the
following groups:
-
People who have been injured in the past and have not resolved
their claims
-
People who may become injured in the future
-
Friends and family of those people who have been injured and who
may recommend a lawyer to the injured person
-
Professionals who come in contact with injured persons and who
may be in a position to recommend
a lawyer
-
Lawyers who do not handle Personal Injury cases and who may be in a position to recommend a
lawyer who handles such cases
-
Lawyers who handle Personal Injury cases but who want to bring
in another lawyer to help with a
particular case
Page
29: Planning for Market
Trends: Your financial planning
should address any anticipated changes in the market as a result of legislation
or other factors. Many state
legislatures have implemented some form of tort reform or legal reform that
impairs the ability of individuals in those states to bring actions for personal
injuries. Such legislative
changes, if implemented in your jurisdiction, could wreak havoc on your
financial planning and should be anticipated.
Page
42: The author explains that a
marketing plan is only one part of an overall practice development plan, but a
vital part. Your marketing plan
will include:
-
goals (e.g. establish a personal injury practice emphasizing
automobile accident claims);
-
strategies (e.g. develop name familiarity in the metropolitan area by opening offices in surrounding suburbs); and
-
tactics (e.g. tweeting, blogging).
Page
64: Business Cards: In many cases, people will put your
card away and forget who you are.
When they find your card later on, will it tell them who you are and
what you do? Does it say,
"Attorney-at-Law" or does it say, "Personal Injury Lawyer:
Handling auto accidents, medical
malpractice, products liability, and workers' compensation cases"? Which card tells your story most
effectively? It is common for
clients who have two accident claims in a short time to use a different lawyer
for the second claim because they forgot the name of their first lawyer.
A
brochure is just one more way to remind prospective clients that you are there
to help them when they need you.
Page
65: In short, your brochure needs to speak for you and answer the client's
questions. Once you have produced
your brochure, you want to distribute it as widely as possible. Start with your current and former
clients. If you don't have any current
or former clients, send your brochure to friends and relatives, business
associates, fraternity or sorority members, church members, preschool parents,
etc. Former clients will welcome a
personal letter from you, with your brochure and business card enclosed,
reminding them that you haven't forgotten them and that you are available to
help them with their legal problems if the need should ever arise. Invite them to call for a free
consultation if they have a problem.
Let them know that you are available and accessible. Don't be timid about asking them to
refer their friends and family to you.
You will find that most people take pride in referring others to their
lawyer. Without the brochure or
any follow-up on your part, it won't be long before your former clients no
longer think of you as their lawyer.
Worse yet, they often forget the name of their former lawyer entirely
and start over with someone new when they next need a lawyer.
Page
67: Many lawyers use newsletters
to keep in touch with clients. The
information in the newsletters may relate strictly to insurance and personal
injury topics, or may be more general in nature. Newsletters are an excellent vehicle to advise clients and
others on tort reform issues.
Participating
in Bar Association activities is also an effective way to get to know other
lawyers and to get name recognition in the legal community. Lawyers usually get a great deal of
satisfaction from participating on bar committees, and it is something that you
may have a professional obligation to do, but it is not generally an effective
tool in building a great personal injury practice.
Page
68: According to the author, Mr.
Gibson, the best way to achieve that reputation is having success in the
courtroom or settling some high profile cases. In addition, you can achieve a reputation as a PI lawyer by
being active in bar activities that involve issues important to other PI
lawyers. Here are some ways that
you can get involved:
-
Join the American Association for Justice (AAJ), formerly the Association of
Trial Lawyers of America (ATLA) and your state trial lawyers' association and
become involved in their sections and committees:
-
Join the litigation or personal injury sections of your state and local
bar associations
-
Join the American Bar Association
-
Attend conventions and meetings of those organizations and volunteer to organize future
meetings
-
Volunteer to edit or write for a newsletter featuring issues of interest to personal injury
lawyers
-
Volunteer to organize or speak at future CLE programs
Page
70: The author discusses at length
his success with television.
Unfortunately, where I personally live near Princeton, we are surrounded
by New York City media and Philadelphia media where commercial time is
extraordinarily expensive.
Page
72: The Internet: The author advises you may want to
include copies of articles that you have written for professional publications,
articles that have been written about you, and, of course, articles that have
been written about your successes in the courtroom. A website is essential since potential clients now search
the internet to research possible attorneys.
Page
77: Referrals: Referrals are the best way to get
new clients - and the least expensive.
As a personal injury lawyer, you should get to know other lawyers and
give them a reason to refer PI cases to you. You can begin that relationship by referring non-PI cases to
other lawyers encouraging them to reciprocate. Try not to refer clients to lawyers who also handle
personal injury cases because they will never have any cases to refer to
you. When you do refer a client to
another lawyer, the attorney suggests call the lawyer directly and tell him or
her that you are referring a client. Explain that you only handle personal injury cases and that
you are helping a client find a lawyer to help with another matter. Find out if that lawyer handles PI cases
and, if not, ask the lawyer to consider referring such cases to you. If your jurisdiction allows referral
fees, discuss that issue as well.
In my office, I send a “Referred out fax” to the attorney with the
request the attorney speak with the potential client.
Page
84: The New Client: When the new client calls you or
comes into your office, all they really want to know is whether you will help
them. In advising them at that
first meeting, your job is simply to do the following:
(1) Take their
phone calls
(2) Answer their questions.
(3) Tell them whether you can help them.
(4) Do what you say you will do.
If
you know at the first meeting that you can't help the client or don't want to
take the case, tell the person so.
Clients will be less disappointed if you are direct with them than if
you get their hopes up and later decline to take the case.
Page
85: Some lawyers don't meet with
clients unless it is absolutely necessary, such as before a deposition or other
court proceeding. This is the
wrong way to practice law. Don't
do it that way. Take the time to
meet your clients before you accept their cases. Give them a chance to talk with you and to ask you
questions. It is only fair that
you give them that courtesy.
Page
87: Getting All the Facts: It is natural for clients to put their
best foot forward when meeting with a personal injury lawyer. You should expect that when they tell
you about the accident or their stay at the hospital or their injury from that
defective product, that they will want to give you mostly "good news"
- that is, news that will make their case sound good and will make you want to
help them. However, in your quest
to get all the facts, you will want to ask them a few questions and find out
who actually ran the red light and caused the accident. You will want to find out about those other
accidents in which the client suffered a back injury. In addition, if you are the second or third lawyer that the
client has consulted about this case,
you will want to find out what facts caused the other lawyers to turn it
down. With each successive lawyer,
the client will naturally improve the "sales pitch" to avoid another
turndown. Be sure to use a new
client intake form. It is far
easier to turn down new clients during that first meeting after obtaining the
facts than after you have accepted the case. So get everything you need to help you decide.
Page
90: The Confidential Client
Questionnaire: New clients should
be made to understand that once they make a claim for injuries, their lives
become an open book. Most people
do not welcome this invasion of their privacy, but you can reassure clients
that you will be in a better position to protect their privacy if you have all
the information in advance instead of first hearing about it during a
deposition or, worst of all, at trial.
A great benefit of a Client Questionnaire is that it allows you to gauge
the degree of cooperation that you can expect from your client. The book comes with a CD of forms,
including a client questionnaire.
Also,
ask your client whether they have any social media accounts. Ask for their
screen names and check out what they have posted on Facebook, Twitter and MySpace,.
What you find there may well help you decide whether to take the case.
Page
91: As every lawyer who has tried
a case knows, the client who is actively involved in the case and cooperates
with you in developing the case has a better chance of getting a good result
than the client who is uninvolved and passive. Many people are willing to "give their case" to a
lawyer, thinking they won't have to do anything more. They should understand that the time they will spend filling
out the questionnaire will be far less than they will have to spend preparing
for and attending depositions, undergoing medical examinations by insurance
company doctors, and preparing for and attending the trial.
Page
93: Discussing the Client's
Objectives: The best way to begin
the discussion of objectives with your client is simply to ask what the
client's objectives are - and then listen carefully. You may be surprised at what you learn. Not all clients have the same
objectives, and any client's objectives may change during the case.
Page
99: Keeping Personal Injury
Clients Happy: Most people have no
idea what is in store for them when they file a claim or a lawsuit for personal
injuries. They have never had to
deal with the endless delays and postponements that are part of any
lawsuit. They have never had to
undergo medical examinations by insurance company-paid doctors. They have never had their lives become
subject to intense scrutiny by claims adjusters. They have never had their depositions taken by skeptical and
unrelenting defense lawyers.
Page
100: Personal injury clients may
become unhappy more easily than other people because of the fact that they have
been injured. They may be off work
and losing income; they may be facing surgery; or they may have already had
surgery but found it hasn't helped.
They may become unhappy because no one takes their injuries
seriously. Often their injuries
result in serious financial difficulties, which, in turn, put a strain on their
personal relationships. Make sure
the client is aware that you are on their side. Clients also become unhappy when their lawyer won't meet
with them in person to discuss their case. Even though they don't "need an appointment", it
may be a good idea to meet with them anyway.
Page
101: How To Keep Clients
Happy: You can keep clients happy
by following these five rules:
(1)
Don't make promises that you can't keep.
(2)
Don't treat your clients any
differently than you would want to
be
treated.
(3) Work hard for your clients.
(4) Tell your clients how hard you are
working for them.
(5) Communicate with them regularly.
Page
103: Clients often have no idea
what is going on with their case, and if you don't tell them they will never
find out. Worse yet, they assume
that nothing is going on because they have not heard from you. An effective way to let clients know
what you are doing for them is to call them and tell them. Tell them what has happened since you
last spoke together. Tell them
what you are doing now and what you plan to do in the future. While you are taking the time to talk
with them, get an update on their medical and employment situation so you can
document the file for future reference.
The client will appreciate your efforts and you will generate some
important goodwill.
Page
128: Managing the Workload: Case Management, Is It Worth the
Investment?: Before you start
spending (or perhaps borrowing) money to finance a big case, you need to have
some idea of what the case is worth so that you can weigh the risks against the
potential rewards for your client. You should consider the following case
evaluation methods:
(1) Case evaluation clinics sponsored by
local bar groups or trial
lawyer groups
(2) Evaluation by a trial consultant
(3) Private case evaluation performed for a
fee by another lawyer
(4) Focus groups
Page
130: Litigation Action Plan with
Timetables: A litigation action
plan should contain three elements:
(1) Investigation plan
(2) Discovery plan
(3) Trial/arbitration plan
Every
case has some facts that are either disputed or are not completely agreed
on. Do not assume that liability
is not an issue until the other side concedes in writing that it admits
liability.
Page
132: The Discovery Plan: The discovery plan should be divided
into two phases: (1) responding to the other side's
discovery requests and (2)
preparing your own.
Page
133: The Trial/Arbitration Plan: Preparation for the opening statement and closing argument
should not be left until the last minute.
The truly spontaneous and unrehearsed arguments often sound disjointed
and confusing.
Page
151: Be prepared for the ups and
downs of practice. Be prepared for
financial peaks and valleys that you are sure to encounter. Be prepared for the difficulties of
dealing with people in distress.
Be prepared to get fired by a client who doesn't think you are doing enough for him or her.
Be prepared to have a judge refuse your request for continuance even
though your expert witness suddenly backs out. Be prepared to be disappointed by arbitrators and juries who
disagree with your theory of the case.
There will be some things that you cannot control.
Once
in a while, however, a jury will return a verdict that vindicates your theory
of the case and gives your client the justice that he or she deserves. That will make up for all the difficult
times. Once it happens, you will
never again wonder if you made the right decision.
Author
Bill Gibson has carefully constructed this "How to" manual
highlighting all the tactics, technology, and practical tools necessary for a
profitable practice. In
addition, the Appendix contains sample forms, such as "A Marketing
Plan", "Initial Client Interview", and sample letters in a
Personal Injury Practice. The new addition has a CD so the reader does not have
to retype forms.
I
am an experienced personal injury attorney myself and lecture to my State Bar
on this topic. This book is
helpful for myself and other experienced attorneys. It is not just for attorneys looking to start a personal
injury practice. The Law Practice
Management member price is $44.95.
The regular price is $54.95.
It can be purchased by contacting the American Bar Association Order
Fulfillment Department at 1-800-285-2221.
This book contains a guarantee.
If for any reason you are not satisfied with your purchase, you may
return it within thirty days of receipt for a complete refund of the price of
the book. No questions asked.
