Traut's Top Ten Ways to Ruin Cases
Part 2:  Attorneys

Over the years, the Traut Firm has seen the conduct of clients, attorneys, and doctors limit the client’s ultimate recovery or ruin the case entirely.  During the months of February, March and April we will be presenting a “top ten” list for each category:  Clients, Attorneys and Doctors. 

In our March issue we feature the top ten ways an attorney can ruin a case:

1. Fails to adequately prepare plaintiff/doctor for trial.
    
2. Becomes too involved in coordinating medical care (giving the impression of impropriety).
    
3. Attorney sends letter/e-mail to doctor or other expert with information/comments that should not get into the possession of the defense attorney or insurance adjuster.
    
4. Files lawsuit in unlimited jurisdiction, instead of (value $25,000 or less), thereby precluding use of discovery rules (i.e., only one deposition & thirty-five total written discovery requests) and rules at trial (use of declarations instead of live witnesses and no court reporter expenses) that will save the client unnecessary expenses.
    
5. Fails to adequately prepare for trial (i.e., prepare exhibits books, coordinate schedule of witnesses, prepare cross examination questions which forces the witness to answer “yes” or “no” and in the process elicits facts which support the case).
    
6. Fails to conduct himself or herself with civility and professionalism (defense attorney is an adversary and not an enemy).
    
7. Fails to produce evidence requested by the defense that should be produced, despite the fact it may not be helpful to the case (a piece of bad evidence made much worse when the defense learns plaintiff withheld it improperly).
    
8. Makes an unreasonable settlement demand resulting in loss of credibility for both plaintiff’s attorney and plaintiff.
    
9. Hires expert(s) who are either unqualified or too inexperienced to effectively counter the opposing experts.
    
10. Fails to communicate with the client (i.e., will not return calls and/or does not inform client of significant developments).

Stay tuned next month for the top ten ways a doctor can ruin a case!

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