ABA Insider TIPS

In this ABA Series we ask experienced plaintiff lawyers how they “gain leverage” for trial or settlement. In this episode we hear from Virginia-based ⁠Matt Long⁠ about negotiating auto cases with adjusters. Matt prides himself on consistently settling for policy limits without litigating. He also serves on the Board of the ⁠Virginia Trial Lawyers Association⁠.

In this episode, Matt describes his approach to auto. “While growing up I got a PhD in how this works on the insurance side from my mother, a Senior Adjuster at Allstate.” He focuses on personally connecting with the adjuster - don’t ask your paralegal or assistant to contact them. You want the adjuster to see your client as a person. “I want them to feel morally obligated to help my client.” And as he describes it, they do. 

When it comes down to it, Matt says, you want the adjuster to be ready to tell their boss why this case deserves more. “There’s always more money.” It all starts with making sure you understand what the adjuster needs to close this case. “I guarantee that they have more cases on their desk than you do.” Know what they need, and give it to them: CPT Codes, ICD Codes, everything itemized, a chronological summary, police report, pictures, subjective analysis. If that’s what they need, why not give it to them?

Questions by host ⁠Jeremy Babener⁠, tax and settlement counsel to plaintiffs and plaintiff firms, and member of the ABA TIPS Plaintiff Practice Committee.

David is yet another attorney who was there in the early days of the field of animal law. For 20 years starting in the early 1980's, David served as treasurer of the Animal Legal Defense Fund board, helping ALDF grow to the organization it is today. In 2002, David created the Animal Legal and Historical Center, which continues to serve as a critical resource for law students, attorneys, and members of the public. After nearly 50 years as a dedicated law professor, David recently retired.

~Interview conducted by Emily Torres

In this ABA Series we ask experienced plaintiff lawyers how they “gain leverage” for trial or settlement. In this episode we hear from California-based ⁠Mike Arias⁠ about “knowing the defense’s case better than they do.” Mike has handled cases of all types, from single-event to mass tort to class action. Among his many successes, he helped pursue and settle the largest-known sexual abuse case in U.S. history. He has also served as President of the ⁠Consumer Attorneys of California⁠, the ⁠Consumer Attorneys Association of Los Angeles⁠.

In this episode, he describes the importance of knowing the defense’s case, and the power of focusing on its weaknesses rather than shifting to your strengths. By looking at the questions and arguments defendants are making, you learn what you need to attack. 

For settlement negotiations? Know who on the defense is really in charge of evaluating the risks. What is the business decision and how do you need them to see it? “A lot of lawyers don’t understand insurance, excess insurance, and re-insurance. Knowing that means you can send the right messages to the right people.”

And when there’s more players involved? “You play the lawyers against each other. You play the carriers against each other.”

Questions by host ⁠Jeremy Babener⁠, tax and settlement counsel to plaintiffs and plaintiff firms, and member of the ABA TIPS Plaintiff Practice Committee.

Barbara spearheaded this very committee back in the early 2000's, recruiting top animal lawyers to join the community and laying the foundation for what the ALC is today. In the last two decades, she has contributed to the field of animal law in numerous ways, including through private practice, authorship, and work with the Union Internationale des Avocats.

~Interview conducted by Emily Torres

In this ABA Series we ask experienced plaintiff lawyers how they “gain leverage” for trial or settlement. In this episode we hear from California-based ⁠Shahrad Milanfar⁠ about “building the narrative.” He’s secured many millions of dollars in cases of catastrophic injury, product liability, and police brutality. Recently he won a verdict of $32M in a case of nursing home abuse. He also teaches for the ⁠National Institute of Trial Advocacy⁠.

In this episode, he describes the need to adapt strategy based on the personalities and law at issue. Especially in negotiating most settlements, remembering that money is coming from insurance is key in the narrative you build. How do you say and do things that resonate? That depends on who you’re negotiating with. “If you’ve practiced Aikido….” Shahrad walks through his focus on what the defense is likely to argue and how he prepares cases to leverage those arguments. 

Questions by host @⁠Jeremy Babener⁠, tax and settlement counsel to plaintiffs and plaintiff firms, and member of the ABA TIPS Plaintiff Practice Committee.

Daina Bray has been an active member and leader of the Animal Law Committee for many years. She is also a former ABA House of Delegates Representative and has worked hard to represent the ALC within TIPS and the ABA as a whole. Daina is currently a Clinical Lecturer in Law, a Senior Research Scholar in Law, and the Legal Director of the Law, Environment & Animals Program (LEAP) at Yale Law School.

~Interview conducted by Emily Torres

Some plaintiffs are hugely successful in raising money for their medical expenses. But that money jeopardizes their eligibility for Medicaid. In this episode we discuss the Plaintiff Fund, a charitable option for plaintiffs to raise medical funds from their community without taking that risk. And when plaintiffs use it, they also receive a grant to get them started.

tax

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer ⁠Shannon Davis⁠ sits down for a multi-part conversation with ⁠Jeremy Babener⁠, tax lawyer to plaintiff firms. He advises on cases across the country, and vets and designs many of the arrangements we use at settlement.

There’s more than one kind of 1099. And if the parties don’t agree in the release to what will be issued, the plaintiffs will have no say in the matter. In this episode we discuss 1099s issued to law firms and to plaintiffs, and when to think about each.

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer ⁠Shannon Davis⁠ sits down for a multi-part conversation with ⁠Jeremy Babener⁠, tax lawyer to plaintiff firms. He advises on cases across the country, and vets and designs many of the arrangements we use at settlement.

Daina Bray has been an active member and leader of the Animal Law Committee for many years. She is also a former ABA House of Delegates Representative and has worked hard to represent the ALC within TIPS and the ABA as a whole. Daina is currently a Clinical Lecturer in Law, a Senior Research Scholar in Law, and the Legal Director of the Law, Environment & Animals Program (LEAP) at Yale Law School.

~Interview conducted by Emily Torres

In this ABA Series we ask experienced plaintiff lawyers how they “gain leverage” for trial or settlement. In this episode we hear from Colorado-based ⁠Kurt Zaner⁠, who regularly battles and beats some of today’s largest corporations. He secured the largest premises liability verdict in the history of Colorado ($16M) and one of the largest personal injury verdicts in federal court ($30M). He also previously served on the Executive Committee of the ⁠American Association for Justice⁠.

In this episode, Kurt describes the negotiating value of being ready to, and having already taken defendants to trial and verdict. “Insurance companies deal in one thing, and one thing only, and that’s risk. Unless you can present risk to the insurance company, they’re going to lowball you. Once you have trials and confidence, the other side knows you’re not bluffing.” For lawyers with less trial experience, he talks about the value of co-counseling with experienced trial lawyers who truly partner, mentor, and share in trial strategy.

Interview conducted by ⁠Jeremy Babener⁠, tax and settlement counsel to plaintiffs and plaintiff firms, and member of the ABA TIPS Plaintiff Practice Committee.