The Defense Never Rests

The Defense Never Rests

By Morgan & Akins PLLCBusiness
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The Defense Never Rests episodes

  • 114 - Litigation is a Team Sport

    What was the last team sport you played? Before you answer…if you are in claims I think it was more recent than you may think. In fact, it was probably today. Because claims is a team sport! We are not just working on silos on our own. No way. There is a team involved with every claim. This week on the Defense Never Rests we are joined by Corey Jeffers to discuss how claims are very much a team effort. We are working with outside counsel, the insured, experts…even opposing counsel. Sometimes the team works really well together. Other times, we are out of synch. But if your team isn't working well together, do you forfeit the game? NO WAY. What are your strategies to keeping your team together?

    1 hr 2 min
  • 113 - Construction Claims: The Learning Never Stops

    What do you learn with each claim you handle? In this industry, not every claim is the same. And each offers a learning experience. An opportunity to become a little bit of an expert on some discrete issue. How awesome is that? This week we are joined by Jason Carrier who has relished in a career where never stops being curious. And is not afraid to admit that he does not know everything. But is certainly willing to listen to those who are experts on the topic! I know I feel fortunate to work in a career with the opportunity to learn something new every day, do you?

    1 hr 4 min
  • 112 - "Moneyball" Approach to Defending Claims

    What does what do you look for in your defense counsel? I am willing to bet lots of attorneys are waiting in the wings to find out the answers! Let's face getting on (and STAYING ON) panel is a giant hurdle. The process can be overwhelming, daunting and discouraging. Not only do you need to find the right person, build a genuine relationship, submit an impressive proposal and get to the point of being accepted on panel… But once you are on panel it does not mean you will see cases. This week on the Defense Never Rests we are joined again by @Matthew Queen who has a lot to say about the metrics and characteristics he looks for when selecting counsel. Spoiler – there is a lot more to it than you may think. But Matthew is brutally honest about what he looks for in counsel and, frankly, what turns him away. He offers some hard truths as to what works and what does not. For any attorneys out there, this is a must listen. More importantly, for those tasked with overseeing panel counsel, we want to hear from YOU. What do YOU look for in your panel attorneys? Comment below.

    1 hr 5 min
  • 111 - The Art of Serving Clients
    What personal attributes are most important when serving clients? I think trust is far up there. Think about it, if a client or insured trusts you they are going to listen to your advice. This is especially helpful before you are even faced with a lawsuit and you are working on risk prevention. This week on the Defense Never Rests, we are joined by Anthony Guzman who is on the broker side of claims and often works with clients to develop the best insurance package for their needs. That includes assessing potential risk and designing a policy that works for that particular business. But he partners with his insureds to ensure they have support if faced with a claim. I think everyone wants Anthony, or someone like him, on their side. Not only is he knowledgeable of the coverages available, but he is just extremely personable and downright likable! But having that personality deliver sometimes news you may not want to hear, softens the punch. These are ingredients for a successful long term relationship. What attributes do you look for?
    1 hr 11 min
  • 110 - Forensic Accounting, Guns, and Prince William: The Unlikeliest of Bedfellows

    What do you think of when you hear the term "forensic accounting"? I am willing to venture a guess that your first word associations would not be fascination or excitement. However, during this episode of the Defense Never Rests with Howard Silverstone you will learn that the forensic accounting world is far from mundane! In fact, he has encountered both guns and Prince William and thankfully not at the same time! After having the opportunity to sit down and hear Howard's experiences from a visit to Buckingham Palace to uncovering fraud within an organization, I found myself wanting to pop a bag of popcorn and hear more. I expect you will want to do the same. Of course, he offers tremendous insight as to when you may want a forensic accounting expert on your side and when is the best time to get one on board. What has your experience been with forensic accounting?

    56 min
  • 109 - Tackling The Learning Curve of Claims

    What were some of the lessons you learned early in your claims career? For our guest this week on The Defense Never Rests, Michael Benson, he shares that he learned early on that facts are not always the most important. Which can be a shocking discovery at first. In fact he admits it was one of his biggest failures putting so much stock into facts but not some of the extraneous information that had a significant impact. Interestingly, however, Michael sought out a career in claims after first being a claimant! Having been in that position he learned that he has a passion for working to solve people's problems. And when you think about it we are all in the problem solving business. That is exactly what he strives to do – solve problems big and small. You do not want to miss this discussion. Michael is dynamic and insightful on his career path and offers insight as to his experiences and growth from a junior adjuster to now. What valuable lessons did you learn early in your career that helped shape your path?

    58 min
  • 108 - Winning Claims Practices: Plaintiff's Attorney Perspective

    Have you ever wondered what tactics have the most bang for your buck when trying to resolve a claim? Or….more importantly, what really puts a wedge in early negotiations. This week on the Defense Never Rests I am joined by my law school classmate David Kwalter. Like many of us, Dave had a bob and weave path to where he is now – in fact we even worked together after law school as document review attorneys. Which was a very interesting experience to say the least. But he quickly found his way and built up a successful personal injury practice with his best friend. He graciously agreed to share what adjusters do well, not so well, and what helps getting cases resolved. And some of it is so simple…like picking up a phone. In fact those simple phone calls over the years and cultivated friendships with adjusters. Which can certainly help resolve cases early. What tactics do you believe helps resolve and close your files?

    1 hr 17 min
  • 107 - Uncovering Captive Insurance
    For many the response to that is: "what the heck is a captive?" OR perhaps you are in the position that you are evaluating your loss ratios with your premium costs and maybe you are intrigued with the idea of potentially joining a risk retention group. Maybe you've heard the term but really just do not have a full understanding as to how they work and want to hear more. This week on The Defense Never Rests we are joined by Matthew Queen who peels away the layers of captive insurance and gives us a bit of a 101 lesson on the topic. So whether you are at self-insured company, are already part of a risk retention group, work for a carrier or you simply represent entities that fall into any of these categories, his intel on this topic is…well…captivating. Of course, if you know Matthew even a little bit you know he holds nothing back and we appreciate the engaging conversation he continually brings to the table. Is your company part of a captive insurance group? If so, we would love to hear about it below.
    52 min
  • 106 - Is Social Media Professional?

    Do you use social media to help promote your professional persona? Well…if you are reading this on Linkedin, chances are the answer to the question is yes. I think we all utilize this platform in similar but also different ways. Some use to gather information that is helpful to their practice. Others use it as a networking and marketing tool. Some of us use it to promote our professional accomplishments or provide discussion of hot issues. But I think it is safe to say that gone are the days that it is simply used as a digital resume. This week on the Defense Never Rests we are joined by Mike Elkins who is a labor and employment attorney but also an avid speaker and content creator who is not afraid to put his name out there on hot issues. And sometimes putting himself out there made other people uncomfortable. But why? Because it was not "traditional". Well, in my humble opinion, nothing good ever happened from doing something the same way over and over just because that is how it was done in the past. This applies for social media as well as litigation! Might as well mix it up and that is what Mike does! How do you use social media platforms – are they strictly personal or does your professional life bleed in?

    1 hr 2 min
  • 105 - Dos & Dont's of Defense Counsel (Pat 2)

    What does outside counsel do that makes you want to pull your hair out? Multiple typos in reports? Retaining experts without consent? Long and wordy reports? Or how about failing to respond to repeated follow up requests? On this week's podcast episode of The Defense Never Rests, we return to discussing the "do's" and "don'ts'" of defense counsel. From adjusters' perspectives. And we are joined by Morgan Dooley and Porter Nelms who candidly share what drives them bananas. Because it's important for us to look at what DOESN'T work for clients and claims professionals, so that we can start adopting what DOES. They also share what they appreciate and the lengths they will go to acknowledge that appreciation. Because talking about what DOES work is equally important! If you handle claims, we are fairly confident you have your own do's and don'ts list. So, share yours below. What do you want to see your outside counsel doing more of?

    1 hr 10 min

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We are on a mission to help Lawyers, Risk Managers and Claims professionals stay on top of the hottest legal trends and issues impacting their day-to-day. The Defense Never Rests brings together…