Insights

To thrive at a large legal malpractice defense firm, lawyers need to do more than simply be good advocates. They need to develop their own books of business and develop good relationships with insurance claims adjusters. In the first part of this series, we discussed the 4 ways insurance claims adjusters appoint counsel. In part two, we share tips on how to differentiate yourself from the other defense lawyers. How to Set Yourself Apart From Other Lawyers This was the discussion topic for a panel at the ABA Fall 2017 National Legal Malpractice Conference comprised of two insurance executives, Scott Barabash, vice president of professional liability claims at Aspen Insurance, and Matt Borrillo, senior claims attorney for the Oregon State Bar Professional Liability Fund, and rain-maker defense attorney, Meredith Kaplan Stoma, a partner at Morgan Melhuish Abrutyn. The presenters made it clear that there is no quick and easy way to get on an insurer’s panel. Rather, it seems to require a mix of hard work, doing a good job, and knowing the right people through developing your network and reputation. Borrillo stated that the panel process for his company is very informal. His company stresses having a diverse panel of subject matter experts, but he noted that adding new counsel to its panel is almost ‘‘junior high-like.’’ To fill openings they first ask around internally, then with other people they know in the insurance industry. Because of this process, an attorney’s reputation is paramount, he said. The panelists agreed that word of mouth and professional reputation is often the way to get new business. Barabash cautioned that word of mouth can always work to the disadvantage of an attorney who has developed a bad reputation in the profession. Stoma agreed, saying that a lawyer should never bad-mouth other attorneys. Stoma, the sole partner on the panel, shared some experiences that have helped her develop her book of business over time. She encouraged young lawyers to develop connections when they first start practicing and continue to nurture those connections as they move jobs or insurance companies. ‘‘Build your network and make sure people know what you do,’’ Stoma said. Attorneys should carry business cards and hand them out. She also encouraged written marketing plans to help hold lawyers accountable, as they can develop goals and revisit different strategies. ‘‘The work a lawyer performs is the best way to get new cases,’’ she said. She stressed that developing a personal relationship with a carrier is important, and that picking up the telephone is much better than sending a ‘‘generic email.’’ Along the same lines, she encourages attorneys to take claims professionals out to lunch or dinner, to get to know them on a personal level. Barabash said that while some adjusters like to do these things, others do not and may not even like small talk. Stoma cautioned attendees to keep firm politics in mind when marketing and developing contacts. Younger attorneys should talk to their senior partners and be open, rather than create an environment of competition within the firm. Stoma also stated that there is strength to being at a good defense firm, reminding the group that ‘‘you are marketing the firm, not you.’’ Lawyers should ‘‘use ‘we’ or ‘the firm’ ’’ when developing clients, as carriers want to know that there is an established firm behind each lawyer handling their cases.