In these difficult economic times, it seems like everyone isunder pressure to reduce costs, improve efficiency, and increaseeffectiveness. One step in the right direction is for claimsprofessionals to truly partner with their defense counsel. Beloware five tips for fostering a mutually beneficial partnership.

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Communication

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One way to increase efficiency and effectiveness is for claimsprofessionals and their defense counsel to communicate early andoften. Opening the lines of communication allows the claimsrepresentative and counsel to discuss expectations and helps ensurethat the claims representative's expectations are met. It alsoprovides an opportunity for claims professionals to clarify theircase-handling preferences. For example, advising defense counsel ofyour preferred mode of communication (i.e. email versus standardmail) early on in the case will help reduce the chance that youwill be inundated with hard copies of documents that you don't wantor need.

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In addition, claims professionals are a valuable source ofinformation and insight, as they are the ones handling the claim inits early stages and may have even directly spoken with theplaintiff. As such, communication between the claims representativeand his defense counsel can help frame the important issues in thecase and lead to a more efficient litigation strategy.

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Investigation

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Another avenue in which to partner with defense counsel is theclaim investigation. With the widespread popularity of social mediasites such as Facebook, claims representatives may have alreadycompleted some initial investigation prior to the retention ofdefense counsel. By partnering together, duplication of effort canbe avoided.

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Further, if you are handling a catastrophic loss arising from anaccident, claims professionals can engage defense counsel to handleemergency response, evidence preservation, and early retention ofexperts/consultants. The foregoing can help preserve applicableprivileges.

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CaseAnalysis

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We all know that claims professionals are extremely busy and areresponsible for a large volume of cases. Oftentimes, despitecase-handling guidelines, claims professionals do not want or needlengthy reports that showcase defense counsel's writing abilities.Speak with your attorneys to identify the information you trulywant and need for your case analysis and evaluations. This willprovide defense counsel an opportunity to meet your needs and makeeach of them more efficient in their jobs.

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CaseHandling

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We have all heard stories about attorneys taking depositions orengaging in discovery that they thought was necessary andimportant, but the claims professional had other ideas. Claimsrepresentatives and their defense counsel should discuss casehandling plans/strategy—including retention of experts—to make sureeveryone is on the same page.

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AlternativeDispute Resolution (ADR)

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Although attorneys all want to be in front of the judge or jurytrying cases, it is not the best option for every case or client.Defense counsel and claims professionals should thoroughly discussthe available ADR options and identify whether it is appropriate.In a further effort to reduce costs and improve efficiency, claimsrepresentatives can advise defense counsel if they are willing toengage in early settlement discussions without pursuing extensivediscovery. Counsel and the claims professional can then work todevelop a strategy to quickly and efficiently move the mattertowards early resolution while reducing fees and expenses.

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By opening the lines of communication, defense counsel andclaims professionals can work together to develop a partnershipthat can lead to reduced costs, improved efficiency, andeffectiveness.

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