YOUR CLIENTS PERSONAL INJURY INSURANCE CLAIM

~ DOCUMENTING THEIR DISABILITY ~

PLUS SOME INSIGHTS INTO MEDICAL REIMBURSEMENTS
By: Dan Baldyga

The best judge of Total Disability and/or Partial Disability is “Ole” Doc Comfort your clients attending physician. The Medical Report he executes for the insurance company you’re battling with, Rock Solid Insurance Corporation, should always contain his comments regarding the nature of their disability. His diagnosis will be crucial to I. M. Smart, the adjuster assigned to handle the claim, because it will detail the duration of their “Pain and Suffering“. In addition it will also prove the time they lost from work as being legitimate.

When settlement time arrives, Smart will form a healthy portion of his evaluation based on the documented proof of the length of time of each of the following two elements: “Total” and “Partial” disability - - the both of which will indicate how much they restricted their inability to work and also their social activities.

YOU MUST CONSIDER ALL THE POSSIBLE OPTIONS FOR MEDICAL REIMBURSEMENTS: Be aware you may be able to collect from their own motor vehicle insurance carrier (via “Medical Payments” coverage) plus you may also be able to collect from your clients health insurance policy or plan.

Yes, Rock Solid Insurance, in a clear case of liability (and as part of its settlement) will pay your clients medical bills. BUT HOW ABOUT THEIR OWN MOTOR VEHICLE POLICY’S MEDICAL PAYMENTS COVERAGE? You must ask your client to read their motor vehicle accident policy carefully. It may provide them with coverage up to certain limits (one or two thousand dollars - - some are often a lot higher) for all the medical bills they had as a result of the accident - - regardless of who was at fault!

“Med Pay” is a separate part of their policy, which they pay extra for, but it’s definitely worth it. Since they’re shelling out money for this extra coverage they should consider taking advantage of what it offers.

The following people are usually covered under the Med-Pay provisions: Your client or any relative who lives with them (when driving or riding in the vehicle) plus anybody else who is driving with their permission (and also their invited “guests”) who happen to be riding along with them in the car.

It may state in their policy that their insurance company has a right to recover the amount of the Medical Payments made to them should they (later-on-down-that-often-very-loooong-rocky-road) get paid for their loss by Rock Solid. But, even if they don’t, they’ll still be paid for their medical bills under the Medical Payments (Med-Pay) Coverage of their motor vehicle insurance policy without having to pay their insurance company back.

It’s usually a practical move, to elect to file a claim with their own auto insurance company (under the Med-Pay Coverage) so your client will be confident all their medical bills are paid in time.

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THEIR OWN HEALTH INSURANCE POLICY/PLAN: There’s another possible medical bill coverage for the accident - - and that’s their Health Insurance policy or whatever Health Plan they may have. If the Med-Pay provisions of their motor vehicle policy state that they must be paid back, should you collect from Rock Solid, you may find it more advantageous to file a claim under their Health Insurance policy or some other Health Plan.

HOWEVER: You or they should check the wording in those policies very closely because they may NOT require you to pay them back for the medical payments they’ve made to your client- - even if you collect for their loss from The Rock Solid Insurance Corporation !

There’s nothing wrong or immoral about collecting money from more than one source for the same medical bills. Tell your client to think of it like a Life Insurance Policy. If an individual is paying premiums for three $10.000 Life Insurance Policies and they pass away, is the love-of-their-life (as the named beneficiary) entitled to $10,000 or $30,000? Indeed, because the premiums were paid on all three, that individual is entitled to a payment of $10,000 times three, or $30,000.

BY THE WAY: If Adjuster Smart happens to ask you if your client may have any such options, don’t tell him. Whatever other insurance coverage’s they have is their own business! It has absolutely nothing to do with the value of their claim, how much money they should be paid for their “Pain and Suffering”, nor (ever) - - any other portion of their loss.

NEVER FORGET: Your client has already paid for these types of coverage and they’re entitled to be paid under all their options for reimbursements - - even if that means they’re paid by multiple sources for the same bills !

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DISCLAIMER: The only purpose of this article “YOUR CLIENTS PERSONAL INJURY INSURANCE CLAIM ~ DOCUMENTING THEIR DISABILITY ~ PLUS SOME INSIGHTS INTO MEDICAL REIMBURSEMENTS” is intended for information only. Neither Dan Baldyga nor LAWGURU.COM make any guarantee of any kind whatsoever; NOR to they purport to engage in rendering ay professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Wherever such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.

Dan Baldyga’s third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book explains, in simple language, “How To” handle a motor vehicle accident claim so they won’t be taken advantage of. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the “Pain and Suffering” you endured - - because of your motor vehicle accident injury!

Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved
Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation. From 1951 thru 1955 he worked his way through college employed by a Springfield, Massachusetts detective agency, where his assignments included insurance fraud, missing persons, financial and background investigations and undercover operations. He specialized in representing major New England insurance companies, for whom he collected evidence in the inquiry of automobile accidents.

Upon graduation from American International College in 1955, where he had a scholarship and played varsity football quarterback for 4 years, Baldyga was drafted into the United States Navy where he was assigned to a “Special Unit” in Criminal Investigations. His primary duty was to travel throughout the Midwest, determining negligence and bringing to a conclusion those accident cases involving government motor vehicles. After a year he was transferred to the Orient where he worked on serious and highly complicated criminal cases.

In 1958 after serving in the Navy, he entered the world of insurance claims, where he began as an Adjuster, was promoted to Supervisor, and then to Claims Manager for 35 years. He then spent another five years of his career assisting company attorneys at court trials.

In 1968, Baldyga wrote the ground-breaking HOW TO SETTLE YOUR OWN INSURANCE CLAIM, published by Macmillan. This revolutionary concept created a heated debate within both the insurance and legal industries — because it revealed, the deep secrets surrounding the settlement of motor vehicle accident claims. This had never been done before!

Baldyga appeared on over 100 regional and national television and radio talk shows throughout the United States including the Mike Douglas Show where he made the observation, “Insurance is an ultra-conservative industry that breeds unimaginative, narrow minded men”. It took a wealth of twisting and turning to dodge the bullets fired at him from both the insurance industry and his Home Office. His innovative book sold over 200,000 copies.

His later publications also include the 1983 novel A SAILOR REMEMBERS and his second “How To” insurance claim book, SECRETS NEVER TOLD was released in 1998. Over the past decade his insurance claim articles have been published in dozens of national magazines, newsletters and e-zines reaching millions of readers.

Upon his retirement, Baldyga decided that it was time to publish the definitive guide concerning motor vehicle accident personal injury claims.

After examining mountains of statistics and confidential reports, he has created BASE (The Baldyga Auto Accident Settlement Evaluation Formula). Experts have called this personal injury evaluation method “Amazing” and “Revolutionary.” THE BASE FORMULA is ingenious, yet matter-of-fact, simple, yet accurate, and eliminates the mystery of how to place a monetary value on “Pain and Suffering” !

His new book, which goes into specific detail regarding The BASE Formula, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at either of his 2 his web sites: http://www.caraccidentclaims.com OR http://www.autoaccidentclaims.com

Once again Dan Baldyga has broken new ground in the normally dormant, unchanging landscape of motor vehicle accident insurance claims!

The “Bottom Line” regarding “Whiplash Crash Facts” (this information was accumulated during 2004 - - and includes all the previous years) are as follows:

THERE ARE 8 ABSOLUTE FACTS REGARDING THAT WHICH IS TODAY IDENTIFIED AS A “WHIPLASH” INJURY. THEY ARE AS FOLLOWS:

#1. The “Threshold” for cervical spine soft tissue injury becomes a reality at 5 MPH.

#2. Most injuries occur at speeds below 12 MPH.

#3. Crashed cars can often withstand collision speeds of 10 MPH (some even more) without sustaining damage. (THUS: The concept of “No Property Damage - No Cash” has absolutely been invalidated)!

#4. A delay in the onset of symptoms has been found to be the “Norm” rather than the “Exception”.

#5. Mild traumatic brain injury can be the result of a Whiplash -Type injury. (These symptoms are often referred to as, “Post Concussion Syndrome”).

#6. Up to 10% of victims of “Whiplash” become totally disabled !

#7. Of the 31 important whiplash studies since 1956 (19 of them executed since 1990) regarding patients from all vectors of motor vehicle accident collision impacts (be they rear, frontal, or side) it was found that “over 60% of them” needed long-term medical follow-up.

#8. In 2003 several million Americans suffered a “Whiplash-Type” injury. This figure flows up into the stratosphere each and ever day at an alarming rate of speed!
TIME NEEDED TO RECOVER
Studies have proved that 45% of the victims remained symptomatic at 12 weeks and 25% remained symptomatic at 6 months. The most minor cases needed at least 8 weeks to recover. The time needed to stabilize in the more severe cases took 17 weeks. THUS: The written (and often declared) notion that “Whiplash Injuries Heal In 6 To 8 Weeks” is just not true !

CHILDREN AND THE “WHIPLASH-TYPE” INJURY:

Youngsters who have had Whiplash-Type injuries display sleep disturbances and nightmares, difficulties in talking to parents and friends, mood disturbances, poor academic performance and specific fears when it came to impact related play. ANOTHER SERIOUS CONCLUSION: Children who have been involved in motor vehicle accidents are often neglected as having had “Any various types of injury“, when in actuality, they suffer from the same symptoms as adults. As a matter of fact, they’re at a greater risk for damages - - especially when it comes to “WHIPLASH” !

THE FIVE MOST COMMON MYTHS AS APPLIED TO “WHIPLASH”
#1. Low speed impact crashes don’t cause injuries. #2. Injuries heal in 6 to 12 weeks. #3. A patients pre-injury psychological makeup affects recovery.#4. The greater the vehicle damage the greater the occupant injury.#5. An “Accident Re-Constructionist” can predict injury potential. All five of these “Conclusions” have been proved to be totally incorrect !

THREE SOLID “INJURY-CRASH-FACTS”
#1. Most injuries occur at speeds below 12 MPH.#2. Rear-end impacts of 6 MPH to 12 MPH cause the most injuries. #3. Between 1 and 2 years (post-injury) 22% of many patient’s conditions have not returned to “Normal”.

NINE ABSOLUTELY CORRECT WHIPLASH “RISK-FACTORS”
#1. DEGENERATIVE DISEASE: Headaches and/or neck injury pain (for whatever reasons) prior to the crash.

#2. PRE-EXISTING HEALTH PROBLEMS: These can positively lead to even greater pain. (For example: A solid Arthritis situation will always lead to the severity of the injury and the pain).

#3. VEHICLE SIZE: Even if both are about the same size an 8 MPH impact produces two times the force of gravity. If one is greater than the size of another the Gravity-Force becomes monumental!

#4. HEADREST POSITION: The injury becomes much worse if it’s too far away. It must be close enough to catch the head in time - - or about 2 inches. (Over 98% of the headrests are more than 2 inches from the head).

#5. POSITION OF HEAD AT IMPACT: If not positively straight (it rarely is) all the G Forces are localized to one side of the spine, substantially increasing the severity of injuries.

#6. AGE: How old one is plays a crucial role regarding a “Whiplash-Type” of injury. Why? Because as the body becomes older, ligaments become less pliable, muscles are weaker and less flexible plus there’s a decreased range of motion.

#7. WOMEN AND CHILDREN: They injure more seriously than men because they have smaller necks. They may also be too close to the steering wheel, airbag and/or are wearing an improper fitting shoulder harness.

#8. NON-USE OF: The motor vehicle’s shoulder harness.

#9. FAILURE TO WEAR A SEATBELT !
YOU MUST NEVER FORGET TO DOUBLE CHECK YOUR “MEDICAL PAYMENTS” COVERAGE

YOU MUST READ AND UNDERSTAND ALL THERE IS TO KNOW ABOUT YOUR MOTOR VEHICLE INSURANCE “MEDICAL PAYMENTS” COVERAGE: This coverage pays all Medical (and very often even funeral expenses) for you, your spouse and even relatives living in your home, and/or others who are injured while operating your motor vehicle with your permission.

HERE’S A “BIGGIE” THAT MANY PEOPLE ARE NOT AWARE OF: You and your resident family members may also be covered as pedestrians regarding the payment of your medical bills - - should you have been struck and injured by a motor vehicle.

PLUS: WHEN IT COMES TO YOUR MOTOR VEHICLES “MEDICAL PAYMENTS” COVERAGE - - HERE ARE TWO HUGE FACTS THAT (RARELY ARE BUT) MUST BE CHECKED OUT: #1. You’re usually paid (regardless of who was at fault for the accident) up to the limit of the coverage you’ve selected. #2. The coverage very often extends to expenses incurred - - within the first three years of the accident !

DISCLAIMER: This article BACKGROUND INFORMATION REGARDING THE MOTOR VEHICLE ACCIDENT “WHIPLASH-TYPE” INJURY - - AS OF LATE 2004 is intended for information only. It is to help readers understand the motor vehicle accident claim process. Neither Dan Baldyga nor LAWGURU.COM make any guarantee of any kind whatsoever; NOR do they purport to engage in in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Whenever such help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain such services.

Dan Baldygas third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book tells one how they should successfully handle a motor vehicle accident claim so they won’t be taken advantage of. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the “Pain and Suffering” each person endued - - because of their personal injury.

Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved

Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation. From 1951 thru 1955 he worked his way through college employed by a Springfield, Massachusetts detective agency, where his assignments included insurance fraud, missing persons, financial and background investigations and undercover operations. He specialized in representing major New England insurance companies, for whom he collected evidence in the inquiry of automobile accidents.

Upon graduation from American International College in 1955, where he had a scholarship and played varsity football quarterback for 4 years, Baldyga was drafted into the United States Navy where he was assigned to a “Special Unit” in Criminal Investigations. His primary duty was to travel throughout the Midwest, determining negligence and bringing to a conclusion those accident cases involving government motor vehicles. After a year he was transferred to the Orient where he worked on serious and highly complicated criminal cases.

In 1958 after serving in the Navy, he entered the world of insurance claims, where he began as an Adjuster, was promoted to Supervisor, and then to Claims Manager for 35 years. He then spent another five years of his career assisting company attorneys at court trials.

In 1968, Baldyga wrote the ground-breaking HOW TO SETTLE YOUR OWN INSURANCE CLAIM, published by Macmillan. This revolutionary concept created a heated debate within both the insurance and legal industries — because it revealed, the deep secrets surrounding the settlement of motor vehicle accident claims. This had never been done before!

Baldyga appeared on over 100 regional and national television and radio talk shows throughout the United States including the Mike Douglas Show where he made the observation, “Insurance is an ultra-conservative industry that breeds unimaginative, narrow minded men”. It took a wealth of twisting and turning to dodge the bullets fired at him from both the insurance industry and his Home Office. His innovative book sold over 200,000 copies.

His later publications also include the 1983 novel A SAILOR REMEMBERS and his second “How To” insurance claim book, SECRETS NEVER TOLD was released in 1998. Over the past decade his insurance claim articles have been published in dozens of national magazines, newsletters and e-zines reaching millions of readers.

Upon his retirement, Baldyga decided that it was time to publish the definitive guide concerning motor vehicle accident personal injury claims.

After examining mountains of statistics and confidential reports, he has created BASE (The Baldyga Auto Accident Settlement Evaluation Formula). Experts have called this personal injury evaluation method “Amazing” and “Revolutionary.” THE BASE FORMULA is ingenious, yet matter-of-fact, simple, yet accurate, and eliminates the mystery of how to place a monetary value on “Pain and Suffering” !

His new book, which goes into specific detail regarding The BASE Formula, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at either of his 2 his web sites: http://www.caraccidentclaims.com OR http://www.autoaccidentclaims.com

Once again Dan Baldyga has broken new ground in the normally dormant, unchanging landscape of motor vehicle accident insurance claims!

The increasing popularity of the “Offspring’s” of the typical motor vehicle companies (The Electric Car) should be of profound concern to all of us.

Those who cut the wrong electric cable (trying to prevent a fire in a conventional vehicle, after a crash) may find themselves in deep trouble, should this be done to a smashed-up, high-voltage electric car, especially at night in the rain.

The best advice they can have (when dealing with an “Electric Car“) is not to do ANYTHING until they observe somebody else touch it and come away from that without getting shockedright into the depths of their body, mind and bones!

The injuries or fatalities that come from these half-gasoline, half-electric vehicles, have not yet (right now today into late 2004) been recorded but that’s not to say it hasn’t already happened! The “Problems” we all must face, when it comes to this new technology, are monumental because minus-zip is known about them.

This situation is not going away because difficult air-quality laws are driving electric vehicle production in the West Coast market and the rest of The United States is closing in fast.

Toyota and Honda are selling their electric cars nationally. Honda has sold thousands of “Insights” (a gasoline-powered car that gets a boost from an electric motor) since their two-seater came into the marketplace in late 1999. As of today Toyota has sold even more thousands of the five-passenger “Prius” and has a 6 month waiting list. Ford, General Motors, Chrysler, Volvo and Mazda will be offering them for sale very shortly.

And so, those reading this article, should consider this to be a deadly warning: The “Prius” battery pack has a 300-volt charge with enough amperage to IMMEDIATELY KILL THEM OR YOU - - on the spot - - right then and there!

In various suggested literature we are advised to carry insulated rubber gloves, goggles, face shields, protective clotting, safety boots, litmus paper and neutralizing agents in case of electrical shorts or batter acid leaks.

QUESTION: Do most of those who read this article understand how they should be used when and if it becomes necessary? ANSWER: Probably not!

QUESTION: Will the proper usage and/or wear of these items convince them that they will not be injured? ANSWER: This is untested and unknown.

The “Prius” relies primarily on its electric motor. Its gasoline engine kicks in for heavy acceleration of over speeds of 40 MPH. Literature on the “Prius” states:”Careless handling of the damaged vehicle may result in electrocution or severe injury”.

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WHEN AN INDIVIDUAL ARRIVES AT THE SCENE OF AN ACCIDENT: They should be told to ask, “Hey, is that a Prius?”

If the owner of the Prius answers, “Why, yes, it is”.

They should know that they must remain in their motor vehicle and while backing up (and away) roll down the window and shout, “I’ll see if I can send you some help”.

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Both the “Prius” and the “Insight” have high-voltage cables running from battery packs to the front-mounted motors. These cables are shielded, colored orange for identification and linked to circuit breakers to kill the power - - IF THEY’RE CUT !

It’s pouring rain, people feel like they’re being buried alive by those who have been seriously injured and/or maybe even killed! Will they remember to cut them? If your answer to that is, “Oh sure, of course they will”, than my response to that is, “I’m sorry to tell you friend but under normal circumstances you can bid that individual, ‘Goodbye’!

When it comes to the “Prius” the only “Fail-Safe” method (at this point in time) is tripping a kill switch in the trunk. And, in the Toyota, it’s a red “Service Plus” that must be pulled with the insulated gloves which they’ve surely stashed in the trunk of your vehicle.

Right? Oh yeah, sure - - of course they will - - right !

DISCLAIMER: This article “TODAY’S ELECTRONIC CARS ARE A MONUMENTAL RISK” is to advise readers of LAWGURU.COM that this article is intended for background information only. Its purpose is to help its readers understand the motor vehicle accident process. Neither Dan Baldyga NOR THE LAWGURU.COM make any guarantee of any kind whatsoever, NOR purport to engage in rendering any professional or legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUAL’S RESPONSIBILITY to obtain it.

Dan Baldygas third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoccidentclaims.com. This book reveals how one should successfully handle a motor vehicle accident claim, so they won’t be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the “Pain and Suffering” each person endured - - because of their personal injury.
Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation. From 1951 thru 1955 he worked his way through college employed by a Springfield, Massachusetts detective agency, where his assignments included insurance fraud, missing persons, financial and background investigations and undercover operations. He specialized in representing major New England insurance companies, for whom he collected evidence in the inquiry of automobile accidents.

Upon graduation from American International College in 1955, where he had a scholarship and played varsity football quarterback for 4 years, Baldyga was drafted into the United States Navy where he was assigned to a “Special Unit” in Criminal Investigations. His primary duty was to travel throughout the Midwest, determining negligence and bringing to a conclusion those accident cases involving government motor vehicles. After a year he was transferred to the Orient where he worked on serious and highly complicated criminal cases.

In 1958 after serving in the Navy, he entered the world of insurance claims, where he began as an Adjuster, was promoted to Supervisor, and then to Claims Manager for 35 years. He then spent another five years of his career assisting company attorneys at court trials.

In 1968, Baldyga wrote the ground-breaking HOW TO SETTLE YOUR OWN INSURANCE CLAIM, published by Macmillan. This revolutionary concept created a heated debate within both the insurance and legal industries — because it revealed, the deep secrets surrounding the settlement of motor vehicle accident claims. This had never been done before!

Baldyga appeared on over 100 regional and national television and radio talk shows throughout the United States including the Mike Douglas Show where he made the observation, “Insurance is an ultra-conservative industry that breeds unimaginative, narrow minded men”. It took a wealth of twisting and turning to dodge the bullets fired at him from both the insurance industry and his Home Office. His innovative book sold over 200,000 copies.

His later publications also include the 1983 novel A SAILOR REMEMBERS and his second “How To” insurance claim book, SECRETS NEVER TOLD was released in 1998. Over the past decade his insurance claim articles have been published in dozens of national magazines, newsletters and e-zines reaching millions of readers.

Upon his retirement, Baldyga decided that it was time to publish the definitive guide concerning motor vehicle accident personal injury claims.

After examining mountains of statistics and confidential reports, he has created BASE (The Baldyga Auto Accident Settlement Evaluation Formula). Experts have called this personal injury evaluation method “Amazing” and “Revolutionary.” THE BASE FORMULA is ingenious, yet matter-of-fact, simple, yet accurate, and eliminates the mystery of how to place a monetary value on “Pain and Suffering” !

His new book, which goes into specific detail regarding The BASE Formula, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at either of his 2 his web sites: http://www.caraccidentclaims.com OR http://www.autoaccidentclaims.com

Once again Dan Baldyga has broken new ground in the normally dormant, unchanging landscape of motor vehicle accident insurance claims!

As most lawyers know, legal recruiters have become a fact of life. Although telephone calls from recruiters may seem intrusive – or even annoying – during a hectic workday, a savvy lawyer (even one not interested in changing jobs) should not ignore these calls.

Instead, you should take a moment to listen before deciding whether or not to continue the conversation. By speaking briefly with a recruiter, you can gain valuable information about the legal market and your marketability. Moreover, you can develop a relationship with someone who can be an invaluable asset to your career, either now or in the future.

This article is intended to help you evaluate legal recruiters and get the most out of working with them. With the number of legal recruiters continually multiplying, it is more important than ever to carefully choose whom to work with and to know how to form a successful relationship.

I. Before You Choose A Recruiter

· Define your reasons for looking and your career goals. What aspects of your current job are unsatisfactory? What criteria are you seeking in your ideal job?

· Be flexible. Having figured out exactly what you’re looking for, understand that you may need to be flexible. Although the “ideal” job may be hard to find, you would be surprised how a few small changes can substantially increase your job satisfaction. You should avoid relying on generalities when evaluating potential opportunities.

For instance, categorically excluding all large firms from your search may dissuade a recruiter from telling you about an opportunity that (other than size) matches all of your criteria.

· Update your resume. Tailor your resume to the position you are seeking. Also, be as descriptive as possible. For example, it is better to write “took and defended approximately 20 depositions” than to simply state “experience with depositions.”

· Obtain a copy of your final law school transcript. Every law firm requires a transcript at some stage in the process. Many firms will not even review your resume until they receive your transcript.

· Think about potential references. Most law firms and companies perform reference checks. These are typically conducted after an employer has made you a contingent offer. However, it is advisable to determine who your references will be prior to interviewing.

· Select a writing sample. Many law firms require a writing sample before they will make an offer, and some require it before the first interview. Choose your writing sample with great care. A single typographical error can mean the difference between a job offer and a rejection.
II. Choosing A Legal Recruiter
· Make sure the recruiter is a member of NALSC (National Association of Legal Search Consultants). NALSC is the only national professional organization of legal search consultants and its members must adhere to a strict Code of Ethics.
(Copies of the Code can be obtained from NALSC members or through NALSC directly).

· Demand confidentiality. A recruiter should unequivocally guarantee you complete confidentiality. Do not hesitate to ask what steps he or she takes to keep your search confidential.

· Ensure control by express authorization. A recruiter should never submit your resume anywhere without your prior express authorization. An unauthorized submission is not only unethical, but it also severely compromises your confidentiality. Unscrupulous recruiters (unfortunately there are some) have been known to submit a resume en masse without the attorney’s consent.

If a recruiter sends your resume anywhere without your prior express authorization, you should report this unethical conduct to NALSC.

· Evaluate the recruiter’s knowledge. A recruiter should know about the position(s) he or she is profiling (e.g., requirements of the position, size and composition of the firm and/or practice group, firm culture). A recruiter should also know about the legal market in which he or she works (e.g., Chicago).

· Be wary of recruiters with grandiose claims. Some recruiters claim to have “exclusive” arrangements with employers. This claim may be true, but exclusives (especially with law firms) are rare. Recruiters have also been quoted as saying that they know of every opportunity in town. Although a few of the older and more respected search firms in Chicago may know about the vast majority of positions, it is highly unlikely that any one recruiting firm will know about every single available position in Chicago.

Often such claims are nothing more than an attempt to ensure that you only use that recruiter. Using only one recruiter is a personal choice and should not be forced by such deceptive tactics.

· Do not sign an exclusive agreement with a recruiter. Some recruiters require candidates to agree in writing at the outset of their relationship to work only with them.

Not only does this foreclose potential opportunities through other recruiters, it is unlikely that you will know at this stage whether you like this recruiter and whether he or she will do the best job for you.

Forcing you to sign an exclusive agreement is often a bullying tactic. Loyalty should be earned, not forced. There are very limited circumstances when it is acceptable for a recruiter to ask you to work with him or her exclusively. This may be appropriate if the recruiter knows that there are a finite number of firms that would be a good fit for you due to your credentials, practice area or other specifics.

However, even in these rare circumstances where an exclusive relationship may be appropriate, a written agreement is never necessary.

· Beware of the overly aggressive recruiter. A good recruiter should be enthusiastic and responsive. He or she should not try to push you into a job by disparaging your firm or misrepresenting an opportunity to make it more attractive. If you think a recruiter is too pushy or aggressive, chances are employers feel the same, which could hinder your job search at its inception.
III. Using A Legal Recruiter

· Keep all information disclosed by a recruiter confidential. Just as the recruiter should keep all of your information confidential, the reverse is equally important. The foundation of a recruiter’s business is information, and anything he or she discloses to you is confidential and proprietary.

If a recruiter tells you about a specific job opportunity, you should not contact that employer directly or disclose this information to another recruiter or person. If you want to be considered for a position disclosed by a recruiter, you should submit your resume through that recruiter. Mutual confidentiality is the key to a successful relationship.

· Be honest with your recruiter. It is imperative that you disclose all relevant background information fully and accurately to your recruiter. For example, if you failed a law school class or were fired from a job, tell your recruiter before he or she submits you for a position. A good recruiter can help you handle such negative information in a way that will not foreclose job options.

· When working with more than one recruiter, maintain accurate records and keep everyone fully informed. You should keep records of:

(1) all opportunities disclosed to you and when they were disclosed;

(2) who disclosed each opportunity to you (e.g., friend, colleague, recruiter);

(3) where and when your resume has been submitted; and

(4) who submitted your resume to each employer. Please be aware that if you submit your resume (through recruiters or otherwise) to the same employer (knowingly or not) more than once within a six month
period, the employer probably will not interview you.

Duplicate submissions of your resume should be avoided at all costs, because they reflect poorly on you (e.g., employers may think you lack attention to detail or are desperate). If you keep your recruiter(s) up to date on your job search and maintain accurate records, you will avoid such problems.

· Keep your recruiter advised of all relevant developments. You should always let your recruiter know of any changes in your practice skills or career goals. Such information can greatly impact on your marketability. In addition, you should let him or her know when your interviews are scheduled and share your feedback immediately after each interview. Remember, your recruiter acts as a liaison between you and the employer and can help you address any issues that may arise.

· Maximize the relationship. A good recruiter can provide you with invaluable assistance during your job search that goes beyond simply identifying opportunities.

Such assistance can be in the form of:

(1) reviewing and, if necessary, revising your resume;

(2) proofreading your writing sample;

(3) supplying background information on prospective employers;

(4) preparing you for job interviews;

(5) discussing the advantages and disadvantages of various job offers;

(6) negotiating compensation and benefits; and

(7) facilitating the transition to your new job.

A successful relationship with a legal recruiter will significantly increase your chances of finding a more satisfying position.

With your help, a good recruiter can:

(1) identify more positions that match your interests, since many firms and companies do not advertise their openings;

(2) provide valuable assistance to you during every stage of your job search, such as giving you information about potential employers so you can better evaluate your options; and

(3) accelerate your search and make it far less time consuming for you, allowing you to focus on your current job while your recruiter focuses on advancing your career.

So the next time a recruiter calls you, take a moment to listen to what he or she has to say. Even if you have no immediate interest in exploring other opportunities, it is wise to establish a relationship with an ethical and reputable recruiter. This will ensure that you don’t miss out on that ideal job.
Craig M. Hoetger, Esq., formerly a legal recruiter with Chicago Legal Search, Ltd., received his J.D. from the University of Michigan Law School in 1993. He previously practiced labor and employment law at Matkov Salzman Madoff & Gunn and Jackson Lewis Schnitzler & Krupman.

Jennifer H. Seelicke, Esq., formerly a legal recruiter with Chicago Legal Search, Ltd., received her J.D. from California Western School of Law in 1996. She previously practiced land use and environmental law at Seltzer Caplan McMahon & Vitek.

Common Sense Rules of Advocacy for Lawyers (an excerpt from the new book)

INTRODUCTION

The excerpt, below, is from Common Sense Rules of Advocacy for Lawyers, by Keith Evans. It’s pulled from four sections of the book: The Dimensions of Advocacy, Advocacy
as Theater, Cross-Examination, and Written Advocacy. It is
both entertaining and… brief.

The author, Keith Evans, is the de Tocqueville of advocacy: a visitor who appreciates the beauty of American jurisprudence. He studied law at Cambridge, starting as a Barrister in 1963, and continuing as a trial lawyer in California from 1975 to 1996. A distinguished professor of trial advocacy in both the U.S. and the U.K., Evans retired in 1998.

More information about the book Common Sense Rules of Advocacy for Lawyers — and author Keith Evans — follows the excerpt. Enjoy!
Dimensions of Advocacy
The Fourth Dimension: Time

Time. Your time. My time. It’s expensive stuff. Some of
you, perhaps most of you, measure your profitability by
time. Billable hours mean time. Time to the lawyer can be
enemy or paymaster. Time is a demanding mistress, a jealous
lover, a jailer, a slave driver.

It can also be elastic. Compare ten minutes making love with ten minutes having a root canal fixed. And think of how long a drawn-out six hours in a jury box listening to an incompetent, wasteful attorney can be. Most jurors have better things to do with their time. We don’t usually pay them enough to park their car, and they are giving their time as a public duty. They have to rush around outside court hours getting everything done just so they can sit there and listen to you, you, hour after hour, day after day, perhaps even week after week.

And what about the judge? Do you know how much she has waiting to be done, on the other side of the corridor? Do you know how much paper she has to look at just to stay abreast of the workload?

Time is the “fourth dimension” in which you operate as a trial lawyer, and if you forget it, if you forget it for one moment of your factfinder’s precious time, look out! If you ever give them cause to feel that you are wasting their time, they will resent you for it, and if you get your factfinder feeling resentful about you, you are a good halfway to losing your case. This is far more important than most lawyers realize.

It’s worse than that. It’s not just that the inexperienced attorney hasn’t grasped the problems of the Fourth Dimension. There is an opposite pressure that works on us and we usually give way before it. It’s a two-pronged thing.

FIRST PRONG: You’ve got a client. The client is almost certainly in court, listening intently to everything. You feel this huge obligation to make sure she feels she is getting her money’s worth. You have this strong conviction that you ought to be giving her so many questions in cross-examination, so many square feet of transcript. If you don’t do this, isn’t she going to feel that you didn’t do your best for her, that you sold her short, that you let her down?

Sure. She may indeed. And she would be as wrong as you were. This is something you must talk to her about in advance. This is part of the private advocacy that goes on between attorney and client. You’ve got to explain it, make her understand the Fourth Dimension, make her appreciate that brevity is your secret weapon. When she sees the quality of attention you are getting from your factfinder, she’ll stop worrying about it, but, yes, you do have a duty to explain all this to your client in advance.

SECOND PRONG: The other kind of pressure that will push you into wasting time is your own insecurity. You’ll be convinced that you didn’t make yourself clear enough,
didn’t say it forcefully enough, didn’t get your point across adequately. And you will repeat yourself. It’s so understandable, this fear, this anxiety. We’ve all suffered
from it and know the pressure. Don’t yield to it.
Advocacy as Theater
Rule #28: Be Brief

Do not use up a minute more of your factfinder’s time than is absolutely necessary. It works. It works incredibly well. You doubt this? I doubted it. We all doubt it. The practical rule, Be Brief, sounds like an encouragement to chicken out, not to do your best for the client, not to do a through job. It’s not so.

Being brief requires planning, real preparation, intensely concentrated thinking. Covering all the points you need to cover without a single wasted word, making the impact you need to make as economically as you possible can, is anything but easy. Getting ready to do this successfully can be hard labor. But it works and I’ll demonstrate to you why it works.

Imagine yourself sitting on a jury. The trial lawyer stands up and does his opening. He tells you a story, a story that’s easy to follow and that engages your interest. You can see very clearly why the case had to come to court. He’s made you feel a wrong has been suffered that needs to be righted. But suddenly he’s stopped. Just when you were comfortably settling in to the unexpectedly enjoyable business of listening to this interesting guy — he’s done. He has stopped before you’ve had enough. He followed the rule of all good entertainment: he left you wanting more.

You are now in a state of looking forward to the next time that guy gets to his feet. When he does, he will have your total attention. But he does it again. Even before you settle in to really enjoying it, he’s finished. And he does it again the time after that. He does it all the way through the trial. Then you come to his final summation and instead of being so brief, this time he gives you a little more. And even a little bit more is so gratifying.

By working the Brevity Rule in harness with the Tell Them a Story Rule (Rule 22) in harness with the Avoid Detail Rule (Rule 26), this advocate has you sitting in rapt attention every time he opens his mouth. When you see it done properly, it’s a delight to behold, and the contrast with the ordinary, run-of-the-mill advocate is amazing.
Cross-Examination
Rule #28 Again: Be as Brief as You Can Be

There is a special reason for this rule in cross-examination, quite apart from your constant duty to save your factfinder’s time. Almost all witnesses get more confident and more effective the longer you cross-examine them. Why is this?

When you stand up to cross-examine, the witness is almost bound to be wary of you. At this point, you have an enormous advantage: he doesn’t know how much you know. If he has been slanting his evidence, especially if he’s been telling lies, he is afraid of you and of what you might have up your sleeve.

During the first five minutes, he is assessing the situation, estimating how dangerous you are. It’s a rare witness who starts taking liberties with you at the outset. But the longer you go on without hurting him, the more confident he’s going to get. The more confident he gets, the less easy he is to control.

You may be intending to lull him into a sense of confidence. It’s useful to do this sometimes. But if that is not what you’re trying to do, you should never let it happen. If you can get everything done with a witness during those first few minutes, so much the better. If you need longer, if it’s one of those cross-examinations that can’t be done quickly, make sure you use those first minutes to convince him that he dare not relax. All these things are encompassed by the Be Brief Rule.
Written Advocacy:
Rule #99: There’s No Rule of Court Which Requires Your
Document to Be of a Minimum Length
It’s the same all the way through advocacy: brevity works wonders. If you believe nothing else you have read in this book, believe this.

Brevity is such a scarce commodity, now as over the centuries. Listen to one of the greatest of our predecessors, an attorney who used to spellbind the juries and whose economic use of English is still an example to us all, but who on this occasion was suffering at the hands of the wordy and the unfocused. Abraham Lincoln, reading a report of a Congressional committee on a new gun, raised his weary head and exclaimed, “I should want a new lease of life to read this through! Why can’t an investigating committee show a grain of common sense? If I send a man to buy a horse for me, I expect him to tell me that horse’s points — not how many hairs he has in his tail!”

Why can’t an attorney show a grain of common sense, and regard it as a point of professional honor to be as brief as possible? We have already turned up a number of reasons — the sheer weight of tradition and convention, the occasional need for the precision of the engineer, the badge-language we are tempted to flaunt — but there is another reason, a much more sinister one, and it is this.

Churning out boilerplate makes money.

A battalion of associates busily producing needless verbiage not only pays the rent, it makes a handsome profit.

I recently received a 72-page document. It was an answer to some interrogatories in a wrongful termination case. Every single interrogatory had first been objected to, then answered briefly. The objection occupied seven lines, and the identical seven lines had been reproduced, over and over again, in respect of every single request.

It was wearisome reading. It involved trudging from page to page, wading through repetitious junk to find the meat of the response. Three words were all we needed: “The same objection.” Everyone would have understood and not one of us would have complained about the missing seven lines. Two-thirds of the paper would have been saved.

And it was slightly sickening to reflect that this cynical waste of paper, time, and effort is how our profession operates. Those answers to interrogatories were absolutely typical: the generating of useless language is the norm. It pays the rent.

That pleading came from a law firm that enjoys the highest reputation. All their other pleadings have been the same. When they took my client’s deposition, they spun it out over nine days.

We all know what I’m talking about. This shameless behavior is rampant in the legal profession. And it’s not only done to make money: there’s a grubbier motive some of the time.

It is a recognized strategy, these days, to paper your opponent to death. Drown him. Use up his resources. Wage a war of attrition. Use the financial muscle of your client to drive your opponent into the ground. Beat him, not on the justice of the case, or on the right interpretation of law and fact, but by superior wealth.

There are hordes of American attorneys willing to sell themselves as mercenaries in this shabby war.

Take another look in the mirror. Are you one of them?

If your client objects to paying as much for a slender document as he would pay for half a pound of wasted paper, use a little private advocacy. Remind him of what Mark Twain wrote to Abigail — when he apologized for the length of his letter, explaining that it would have been much shorter if he had had more time.

Remind your client, too, that the slow process of distillation which makes brandy out of wine has its counterpart in lawyering, and that ten words that move your reader are worth more than ten thousand that don’t. Show him your product and explain the work that went into it. Explain, as you explained before you began your trial, that brevity is your secret weapon, but that it has to be worked for with time and effort. Do this, and you’re unlikely to have trouble with your bill.

Brevity is not only a characteristic of effective advocacy. In this profession of ours it is a badge of honor, recognized as such by the oppressed judges and by every thoughtful attorney. You want to be outstanding? Be brief.

About the Book
Common Sense Rules of Advocacy for Lawyers
Author: Keith Evans
Published by: TheCapitol.Net
Courtesy of: www.thecapitol.net
ISBN 1-58733-005-9, 240 pages, hardcover, $35

Common Sense Rules of Advocacy
for Lawyers is the
classic guide to advocacy for trial lawyers. First published in 1994, it has been hailed as the finest book of its kind (see the endorsements, below). Keith Evans explains the previously unwritten rules of advocacy, all based on the premise that the purpose of a trial is not to locate the truth — that’s what discovery is for — but to present allowable evidence in such a way as to gain a favorable opinion from your factfinder (judge, jury, arbitrator, boss, etc.).

Common Sense Rules superbly illustrates the premise that advocacy is theater, explaining the nuances of persuasion in a writing style more like a letter from a friend than a legal text. The wisdom of this book, earned through hundreds of trials, has extraordinary value, not only for the trial lawyer, but for anyone involved in persuasion and
negotiation: mediators, facilitators, arbitrators, public speakers — anyone who’s ever sweated through a public presentation. Contents include:

1. Introduction
2. The Dimensions of Advocacy
3. The Mandatory Rules of Advocacy
4. Advocacy as Theater
5. The Psychology of Advocacy
6. The Examination of Witnesses
7. Direct Examination
8. Cross-Examination
9. Re-Direct Examination
10. The Final Argument
11. Written Advocacy
12. Advocacy in the Age of High Technology
13. Conclusion

Common Sense Rules of Advocacy for Lawyers contains tips and rules that will make anyone a better advocate in 10 minutes a day. Keith Evans’ commentary on courtroom choreography will be treasured by veteran trial lawyers and a godsend for those new to advocacy. This book is a perfect gift for law school grads, a great “welcome aboard” present for new associates, and an essential reference for law schools and law firms.
Endorsements

“The book is a valuable review for the old timers and an
excellent primer for those who are starting the climb.”

  — Jacob A. Stein
     Stein, Mitchell & Mezines, Washington, DC

“The scope of the book — everything from what to wear in the courtroom to writing a trial brief — is truly impressive, yet the author maintains a tone that is refreshingly readable… I wish I had had this book when I was a young lawyer. I highly recommend it.”

  — Karl Tegland, author,
     Courtroom Handbook on Washington Evidence

“Advocacy is an art as well as a skill, and Keith Evans presents the rules of mastering that art in a very down to earth manner. Filled with humor and eminently readable, his book is a great introduction for the new lawyer and a wonderful learning tool for the advocate with experience.”

  — Sherman L. Cohn, Professor
     Georgetown University Law Center
     (first national President of American Inns of Court)

“This is a wonderful ‘Bible’ for the trial lawyer who wants to win. If only we had had this in law school!”<br>

  — Browne Greene<br>
     Greene, Broillet, Panish & Wheeler, Santa Monica, CA

“This is a remarkable compendium of useful advice presented in a straightforward, entertaining manner. If new advocates could have only one ‘how to’ book this would be it.”

  — Roxanne Barton Conlin
     Roxanne Conlin & Associates, Des Moines, IA
     (first woman President of Association of
     Trial Lawyers of America)

Copyright ©2004 by TheCapitol.Net, Inc. All Rights Reserved. Please feel free to duplicate or distribute this file as long as the contents are not changed and this copyright notice is intact. Thank you.About the Author

KEITH EVANS is a retired member of the Bars of both England and California, a Scholar of the Middle Temple Inn of Court in London, a member of Gray’s Inn and a former Honorary
Master of San Diego’s Louis M. Welsh American Inn of Court.

He studied law at Cambridge and started trial practice as an English Barrister in 1963. From 1975 until 1996 he was an active member of the California Bar.

He has handled several hundred jury trials and has practiced in State and Federal Courts as well as, in England, every court from the Old Bailey to the House of Lords.

He was forced to retire (while, as he puts it, on a winning run) after suffering a stroke in 1998.

The holder of an Outstanding Trial Lawyer award from the San Diego Trial Lawyer’s Association, he is also a distinguished teacher of trial advocacy. His book on the subject is the standard text in England and in many parts of the British Commonwealth.

He has been a visiting professor at an American university
law school, has been on the faculty of the National Institute for Trial Advocacy (NITA), and he still teaches a highly acclaimed full-day CLE seminar on trial-advocacy.

He practiced with several firms in the United States, including Gray, Cary in San Diego and the aviation litigation firm of Speiser, Krause & Cook in New York City and Washington, DC.

I have had many business clients come to me after a former client or employee has sued them. Their question always seems to be, “How could I have avoided this lawsuit”? I have also had many inquiries from individuals who want to know if they can sue a business for incidents that range from defective products to rudeness.

What I have learned in my practice is that poor public relations can often be the catalyst for a bitter lawsuit. The resulting lawsuit costs both sides to the dispute thousands of dollars in legal fees and countless hours of anxiety.

I was recently reminded of the importance of public relations on a family vacation. While waiting to check into a well-known hotel, a heavy brass stanchion fell over and hit my three-year-old daughter in the head. She was crying and her head was bleeding. Needless to say my wife and I were upset and extremely worried that my daughter might have a concussion.

Immediately the hotel’s employees took action. They administered first aid to my daughter, reviewed a list of local physicians with us and arranged for a doctor to come to our hotel room to examine my daughter. Throughout the rest of our stay they continued to call to see how my daughter was feeling. They even sent up a pitcher of chocolate milk and a basket of cookies with well wishes from the staff.

Fortunately, it appears that my daughter is fine and although my wife and I are still upset by the incident, the immediate action taken by the hotel employees to help our daughter made a big difference and allowed us to enjoy the rest of our vacation without too much anxiety.

“The most cost-effective way to avoid a lawsuit is simply to be nice to people.”

Had the hotel not been as courteous and concerned about our daughter’s welfare, our vacation might have been an unhappy memory and the hotel would have lost us as guests and/or be contending with a lawsuit. Instead, the hotel’s good public relations helped alleviate some of the anger and tension we were feeling.

A growing trend is for people to sue when they are offended.

In my years of practice I have noticed a growing trend in people that want to litigate over principle regardless of the amount of money at stake. This perceived increase in litigation might be the result of the technological age we live in. It is easy to understand a customer’s frustration when they have to navigate through a sea of electronic options over the telephone to obtain the simplest, most basic information. Often a customer is not even able to talk with a real person. It is easy to feel isolated and disenchanted. These feeling often become the seeds of a lawsuit motivating the individual to seek legal counsel.

The most cost-effective way to avoid a lawsuit is simply to be nice to people. This may sound like common-sense advice. It is. However, too often we lose sight of common sense when someone acts belligerent or angry when we feel that his or her anger is undeserved. The old adage that the customer is always right is not necessarily true. However, all service-oriented businesses should certainly act like the customer is always right.

If you do so you will defuse the situation and give the customer a reason not to want to sue you. You will then be much more likely not only to keep existing customers but also to gain more customers since word will get around that you are customer oriented.