A "Strategic Move" is made when complete understanding of the needs of society, the client and your firm. VISUAL LEARNING applies to 2/3 of our society (including Judges) and 2/3 of our practicing attorney's are considered to be auditory teachers or anotherwords "non-visual presenters" who prefer to use words rather than advanced demonstrative aides. The unintentional gap created between these to ideas has boundless issues...... Responding to the needs of a visual learner can be a "Strategic Move".
Based on over three years of presenting technical services to insurance companies, leading law firms and sole practitioners (hundreds in total) the "Strategic Move" is in progress, but has a long way to go. Here's a list of recommendations based on my face-to-face meetings with some of the most influential executives and lawyers across the country.
Another "Strategic Move" revolves around money and marketing. A savvy business person will leverage vendor relationships, business volume and knowledge of the business process to maximize profits, reduce cost and win new clients. The creation of CLS between three "best of breed" organizations represented a strategic move on behalf of our organizations to increase sales, reduce cost and win new clients. Regardless of what role you have in litigation, your strategic move will tell you to evaluate your multiple vendors and look to discover ways of becoming more effecient with less wasted time. Afterall, time is what your clients are paying for and the better you are at managing time (their money) the more attractive you become and even profitable. Choosing CLS as your new program is a "Strategic Move" and your client will appreciate your effort to save them thousands of dollars.
For the Insurance Company:
Operating on a cost methodology is fine, unless the preception of cost limits the resources available of your attorney. I will admit, there is a cost to the learning curve, but that shouldn't be your complete responsibility. Technology for trial was not designed to increase (although it may seem this way) your cost of a lawsuit, however in many ways reduce it. More importantly, if technology helps you reach a favorable outcome, then it's money very well spent.
A carrier should suggest the use of companies like MCS in Baltimore, Maryland are offering a medical record recovery program hosted on-line. This fee based service will give all interested parties an instant view of medical records and reduce many costs associated with copy, scan and shipping. Billable hours will also decrease since everything from subpeona to delivery of the records is outsourced at about 40% of what you may pay now. The service is limited to certiain parts of the country, so contact Ken Carlsen for more information.
A carrier should advocate the electronic conversion of the case documents to files electronic presentation at trial or mediation. This is highly recommended regardless of the matter, size or number of exhibits. Similar to any law firm application they use to manage the business, this should become a norm. From the start, each document of each case should be scanned and converted to an electronic format. The advantages seen here are considerable. Reduced copy cost, efficency, easy to manage, easy to transport to and from the office, increase availablity and best of all your ahead of the game when it comes to electronic trial preparation.
Based on the meetings I have had inside the insurance industry the common denominator is the respect you have for the capabilites of your attorneys. My recommendation is to enable them and not limit them "where it makes sense". Some firms will not explore technology due to a cost limitation or preception. Investigation of how to use technology and actual costs today are all at no cost and should be investigated. Additionally, encouraging the firm to make the investment in technology for your case makes sense and will only help them moving forward..... an you.
For more information on what's available: Contact Ken Carlsen at 410-703-8888 or email ken@thecarlsengroup.net
For the Law Firm:
The time is now to begin to consider your technical capabilities for a variety of reasons. In my opinion, the greatest influences driving technology based on actual feedback from my clients are effectiveness, opposing counsel and cost. Additonally, he person who I would consider the "client" of the law firm has had an influence as well.
Effectiveness - The most effective usage of technology reduces cost, increases availablity of information and appeals to the visual needs of the decision maker (juror). Archie and trial presentation software are two technologies directly answering this need.
Opposing counsel - regardless if they are defense or plaintiff, if they have or can demonstrate technical savvy and put on "a good show" the time is now to consider technology. There is nothing worse than having your client upset with your firm because the "other guy" was better prepared.
Cost - The initial cost is to be considered, however similar to purchasing a new office copier a firm today must consider the inhouse applications and capablities. Where as a copier may not have a direct measurable impact on your client, not being prepared at trial or mediation may. Investments in animation and trial software will help you present your case on behalf of your client in a clean, efficient and cost effective manor. Best of all, if you can perform these tasks in-house then it's a win-win.
"What Have You Done For Me Lately?" - ever hear this phrase? The C-Level at some of the nations largest insurance companies are taking notice to the change in litigation tendencies in respect to technology. I know this for a fact since I'm in contact with them on a daily basis. I also know, based on meetings and carefully positioned questions that many law firms have experienced technology via what opposing counsel came to trial with. What's wrong with this picture?
Note: An attorney told me a story of his collegue replying to opposing counsels request to the judge to use computers at trial with: "I'll be coming with a pen and pad".
The client isn't the person who should be recommending the technology, it's the firm. Clients are hiring the best lawyers and the lawyers who meld technology with skill of persuasion are producing the lion share of the work. The time is now to consider technology and initial consultations with experts in this field are FREE. All you need to do is contact Ken Carlsen - 410-703-8888 or email: ken@thecarlsengroup.net.