Now that there is a clear understanding of how insurance adjusters appoint counsel and how to separate yourself from other defense attorneys, let's turn to what a lawyer can do once they are assigned a case. 

What to Do Once You Have a Case?

As a lawyer with a newly assigned case, what can you do to really make yourself shine? Understanding the relationship between a carrier and panel counsel is the first step. This relationship is unique, in that the litigation guidelines provide a detailed list of what the carrier expects from its counsel. This lets lawyers know what the insurance carrier wants before even speaking to the adjuster for the first time.

The purpose of the guidelines ‘‘is not to micromanage, but rather to develop continuity to allow the carrier to track cases.’’ Knowing and following the litigation guidelines is the best thing a lawyer can do, since no one can get mad at a lawyer for following the carrier’s rules.

While the guidelines are the minimum baseline the carrier wants and expects, it is often encouraged for lawyers to find ways to exceed them. Acknowledging that many lawyers find guidelines to be cumbersome, many claims handlers may not like the guidelines either, but know that the guidelines are required.

Linking guidelines to a law school exam where a student would get a lower grade, even if he got the correct answer if he failed to provide proper analysis in reaching it, lawyers who achieve a great result often won’t get more cases if they aren’t following the guidelines.

Throughout the case, it’s a good idea to check in with the adjuster during the pendency of a case. Asking for feedback can be viewed as a demonstration of that lawyer’s strong interest in the work and as a sign that they will work well together in the future.

Melissa Lessell is an AV-rated partner in the firm's New Orleans office and is a member of the Commercial Litigation
and Professional Liability Department where her practice focuses on professional liability defense, the defense of disciplinary proceedings, complex commercial litigation and insurance coverage.