Saturday, September 18, 2010

When funding a significant case, we always want to know who defense counsel is.

Let's face it, when all things are equal as to liability and damages, the particular liability carrier defending a case can greatly influence the value, the point the case settles and even whether a case will ultimately be tried.
Likewise, defense counsel can greatly impact a case. Not only through their skill, doggedness , ability never to leave any stone unturned but also in the way they can act as an obstacle towards settlement. If you've ever dealt with Leahy and Johnson or Landman, Corsi...you will probably go the entire course of the litigation without ever having any direct contact with the carrier. This makes it very difficult to settle a case. These types of firms, not coincidentally, seem to never allow a case to get settled before full -blown multiple ebt's are conducted and the filing of extensive dispositive motions. Is this the way the carrier wants things or just the way defense counsel does it?
So remember ,when we look at a case for the purpose of funding; on similar looking cases, we may assign completely different values depending on who is the liability carrier and what firm is defense counsel.
I'm sure you do to.

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