Collaborating with adjusters to improve results and the practice The lawyer thought about the engagements people sometimes had with adjusters. The interactions could, at times, be quite difficult. Who was to blame? The carriers, of course. Long ago, the carriers decreed that there would be adjusters, and their treatment would be anything but just. Pilloried, demeaned, and occasionally demoted from...
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Understanding the insurance industry, including reinsurance and surplus lines The lawyer sat with a newer associate reviewing the discovery responses and insurance policy documents the defendant had finally disclosed. Stacked layers, including one that listed itself as a surplus lines insurer. The associate, new to more complex insurance coverage, was in for a ride… The house always wins Insurance operates...
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Delivering difficult information with compassion and clarity The doctor entered the room, said a warm, “Hello,” read the room, and then went straight to the point. The doctor knew from experience that those anxiously awaiting potentially life-altering information wouldn’t process anything said before delivering the results. “The scans look good,” the doctor said, “I don’t see anything that concerns me.”...
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Managing meaningful relationships in an every-expanding world The lawyer picked up the call from a colleague. Near the end of the conversation, the colleague said, “I want to complement you and your team. You’re responsive. In an era where I frequently need to send multiple emails just to nudge someone on the same project it stands out. Keep up the...
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The judiciary’s slings and arrows and how to support our changing bench The lawyer walked into the mediation practice’s gleaming offices. Along the wall were posters highlighting the newest neutrals. They read like the local bench’s who’s who. On the way to a conference room the lawyer checked in with one of the mediators, an old-time former trial judge. “That’s...
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Ways to come together as a community in our hybrid times The lawyer watched the swirl. Lots of people at the gala, celebrating the great outcomes community members had achieved for their clients. It felt foreign to the lawyer in certain ways. It had been years since the lawyer had been to an event like this. Not the lawyer’s cup...
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Successfully navigating the downs in litigation’s ups and downs The lawyer attempted to take it in stride. Rather than heading into final trial prep, the judge had just granted summary judgment on what, to the lawyer, felt like a straightforward case. Even the defense counsel was surprised. The long trip back didn’t help. Compounding the issue was another ruling, a...
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What lawyers should know about generative artificial intelligence (this month) The lawyer noted the date. Recognizing the submission deadline for the column was coming up, the lawyer opened up a browser on the computer. Navigating to an AI prompt, the lawyer asked the AI to produce 800 words on what lawyers should know about generative AI. The AI window paused...
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The lawyer listened. The situation had gone off the wire. Not fatal. Also not good. How had it happened? Ultimately the lawyer owned it. And within leader ownership, it was important to determine what led to the issue. Process failure, delegation failure, communication failure? All of these? None? Time to dig in, grab those involved, and conduct an After-Action Review.
The lawyer reviewed the material from defendants in the federal action. Rule 26 mandatory disclosures were wonderful. They kicked the case off and made federal cases much easier on the discovery front. Wouldn’t it be wonderful if California state court had something similar?