Experience and Passion Count When Selecting Insurance Lawyers
Nowdoucit from Slabbed wrote a comment to my post, Surplus Lines Insurers, Sinkholes, and the Law of Mars, concerning the selection of lawyers:
"The more cases I read, the more convinced I become of the importance of retaining an attorney experienced in insurance claims litigation - better yet, experienced and successful.
The case you cited, Chip, is a different but compelling example of the difference that can make."
I should have just agreed and told him to hire the Merlin Law Group. Instead, I wrote:
"Experience certainly helps do a better job for the client. But, it is no guarantee.
When I was a younger attorney, I hated to admit that experiences as a lawyer, and in life, made a difference in the quality of my representation. Now that I am older, there are so many reasons why I know that I am a much better attorney than 25 years ago. Much of it has to do with learning subtle aspects of human communication and interaction.
Still, I sometimes have the opportunity to get brought into a case with less experienced attorneys that look at matters with a fresh viewpoint. There are many very bright and hardworking attorneys, with little prior insurance experience, that do a very fine job helping policyholders. I try to learn from them as well, and take from them the best of their ideas..."
Nowdoucit was right, and I was wrong.
I thought about this on Saturday morning while eight of our attorneys were in deep discussion with an expert claims consultant about the presentation of insurance cases to juries. It was a beautiful day outside; I could see people milling about and enjoying a free concert. I wondered how many other law firms were working on such a beautiful day, flying in attorneys from other offices to teach how to do a better job for their clients -- specifically on insurance cases where they represent policyholders. I'll bet that the answer to that is zero.
The discussion among us was pretty brutal at times. You do not help others get better at something by just letting them slide by when they do the wrong technique. Eventually, the trial presentation topic changed to reaching settlement after a heated battle with an insurance company. Kelly Kubiak has been quite successful for her clients over the past year and she was trying to articulate her perception of what was working for her. I interrupted and said, "Kelly, you are passionate about your clients and you have experience and maturity. You are a better attorney than you were five years ago because you now have a deeper feeling and anticipation for what works and does not work in a given situation."
Practice makes virtually everything better. Golfers, tennis players, piano players, and poker players get better through practice, study, and experience. The practice of law is no different. And when it comes to representing clients with serious issues, the practice part should have been done long ago.
Thanks! I've been waiting all my life for someone to say that! If I had a taste for cross-stitched wall hangings, I'd put one with "Nowdoucit was right" above my television so everyone would see it!
Unfortunately, being right would matter more if disasters struck only the wealthy and educated.
Our most vulnerable citizens tend to live in our most vulnerable housing and seem to be disproportionately represented in the pool of disaster victims.
Seeking legal counsel is a big step for most, retaining counsel an even bigger step. From where I sit, such decisions appear to be made with the same thinking that guides other purchases;but, low-cost legal assistance is seldom, if ever, a bargain.
Even if more understood a more successful, experienced firm would consider the value of the case, my guess is many would still be too self-conscious about their appearance or lack of education to make the effort.
Now, as we see cases that were filed in State court moving into Federal, I can't help but think both Plaintiffs and their counsel have filed expecting an easy settlement.
As you've pointed out a while back, Chip, securing a just settlement requires a great deal of preparation. I'll add that the work involved is, like the terms of most settlements, seldom seen.
All this said, the bottom line is inadequate counsel can not be expected to produce the adequate resolution of a claim dispute - particularly, since the first, and perhaps only, recognition of the inadequacy is likely that of the defense.
I have always wanted to be an attorney since grade school. I did not know exactly what an attorney was, but knew I wanted to be one. Even when I graduated from law school, I did not know what type of law I wanted to practice. I just wanted a job. I started off doing personal injury work.
Three of the four years I was practicing personal injury law, I represented insurance companies. Eventually, I lucked out and was hired to work for the Merlin Law Group.
I've been working here for about 8 years and I love it. I love the practice of insurance law -- the investigation and litigation.
As attorneys, we strive to balance our personal time with our professional life. It is a hard balance because we strive to give our clients the best representation. The practice of law takes time. There is no way around it.
Despite the sacrifices, I know that I am truly blessed and lucky that I am able to do something that I enjoy doing. I still run down the hallway with excitement babbling in shock and disbelief about some testimony or fact discovered about an insurance company's practices. (I know I have to stop running down the hallway and causing possible harm to my colleagues). If I continue to be lucky, I will be doing this well into my 90's and never retire.
I’ll be placing Chip Merlin’s name for Policyholder Attorney of the Year. Two of the biggest contributions that Chip has made in the area of insurance law (the sole focus of his law firm) in 2008 are the settlement of the Port of New Orleans and his contributions as a governor-appointed member of Florida ’s Citizens Mission Review Task Force and this blog! Just about every single day and sometimes more than that, Chip provides great food for thought and educational material for policyholders and those that support the cause. Just read through previous postings, you’ll see what I mean – he takes on State Farm, Citizens, those who work for insurers who make over-zealous claims about insurance fraud and so on. Chip truly uses his law degree and experience to seek justice for those who need legal help in getting what is rightfully theirs. He has represented successfully my condominium, Edgewater Beach, after hurricaine Opal, Ivan and Dennis, and I have refered him to other condominiums and businesses in my area that he has also successfully represented after these storms.
Suzanne Harris
President
Edgewater Beach Condominium
Destin, Florida
Kelly, your love of the law comes through loud and clear and you're exactly the type of lawyer people need, particularly after a disaster. I'm sure Chip must have seen that - and guess it's probably pretty hard to miss!
I hope he will continue introducing us to all of you and your cases.