In these difficult economic times, it seems like everyone is under pressure to reduce costs, improve efficiency, and increase effectiveness. One step in the right direction is for claims professionals to truly partner with their defense counsel. Below are five tips for fostering a mutually beneficial partnership.

Communication

One way to increase efficiency and effectiveness is for claims professionals and their defense counsel to communicate early and often. Opening the lines of communication allows the claims representative and counsel to discuss expectations and helps ensure that the claims representative's expectations are met. It also provides an opportunity for claims professionals to clarify their case-handling preferences. For example, advising defense counsel of your preferred mode of communication (i.e. email versus standard mail) early on in the case will help reduce the chance that you will be inundated with hard copies of documents that you don't want or need.

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

Investigation

Another avenue in which to partner with defense counsel is the claim investigation. With the widespread popularity of social media sites such as Facebook, claims representatives may have already completed some initial investigation prior to the retention of defense counsel. By partnering together, duplication of effort can be avoided.

Further, if you are handling a catastrophic loss arising from an accident, claims professionals can engage defense counsel to handle emergency response, evidence preservation, and early retention of experts/consultants. The foregoing can help preserve applicable privileges.

Case Analysis

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

Case Handling

We have all heard stories about attorneys taking depositions or engaging in discovery that they thought was necessary and important, but the claims professional had other ideas. Claims representatives and their defense counsel should discuss case handling plans/strategy—including retention of experts—to make sure everyone is on the same page.

Alternative Dispute Resolution (ADR)

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

By opening the lines of communication, defense counsel and claims professionals can work together to develop a partnership that can lead to reduced costs, improved efficiency, and effectiveness.

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Five Ways Defense Counsel Can Partner with Claims

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