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The ego is why you’ll never make partner.
I’ll open my PI shop day 1, without that attitude.
They’re your client… if they say fetch you fetch
We are in professional services.😂😂😂
Did the insured retain you?
I mean, you can let them review and edit it without following their suggested edits lol but check the guidelines and see if it’s addressed
I know a carrier that required their adjusters to sit in on substantive depositions like party depos. I always found it strange to have an adjuster sitting on your depositions. They also complain or will transfer the file to another firm if they feel you don’t properly object at necessary times. I’ve personally had over intrusive adjusters that were way too involved in my case, such as recommending substantive legal decisions and case strategy. Some claims reps are attorneys which is fine, but the ones that are not isn’t appropriate.
This would really piss me off, but what’re you going to say, no? Unfortunately, you might not have a choice but to show them. Another reason why I went plaintiff-side…
I mean the adjuster is your client per se, they should have a say in the questions you ask. If it’s more about sequence or style, just explain why you think your way is the right way.
I’d think you’d want any kind of input though. Maybe the adjuster thinks of things you didn’t think of.
In some states the insurer and the insured are both “the client.” In others, only the insured. Google tripartite relationship.
I’ve had adjusters sit in. One company had them at every depo, but they didn’t ask for my outline. They just talked to me before to make sure they told me questions they wanted me to ask. However, on another case, I did have an over involved adjuster who sent me an outline of questions to ask! It was crazy, but I incorporated the questions because they are the client.
You all have adjusters who are sitting in on a deposition??? I’m surprised plaintiff’s counsel permits that. In my state (NY) only named parties and their counsel are permitted to attend. If they really want my outline to make changes that’s fine, but my outline is just that— it’s not a script. So if the adjuster has deep dived into the file they can in theory be helpful with some additional topics/questions that I haven’t anticipated covering. I learned early in my career not to have an ego about any of my work. If the partner or the client wants to change things, they’re the ones who ultimately have something to lose.
My partner tells adjusters they shouldn’t sit in on things like that because you don’t wanna tip off the plaintiff that there’s insurance involved. Are you able to push back on them sitting in based on that? Also, they definitely do not need to see your outline. Instead I would ask if they wanna meet before hand to discuss strategy and then you can put all of that into an outline
My partner said an adjuster attending is risky because then they might inadvertently qualify as a fact witness and the last thing you want is an adjuster on the stand at trial.
I think it’s good practice to always include your client in depo prep. First, it avoids second guessing of your work after the fact. Second, no attorney, no matter how good or how prepared, should ever presume to know everything. Third, it will give you insight into what the client is thinking about the case, which can help you set expectations and clarify any misunderstandings. This is the time to explain to them why you aren’t focusing on an issue, instead of having them assuming you just “missed” it. I usually try to set up a meeting, even if it’s 5-10 minutes, to do this. At a minimum, I make sure to let them know that they can send me any questions they want asked.
Tell me you’re a new(er) ID associate without telling me you’re a new(er) ID associate.
You just do it. And if you don’t just do it, you’re going to want to talk to whomever the partner is before you do it - and also the partner whose client it is, if not the same partner. Otherwise you’re gonna get the fuzzy end of that lollipop. Stuff like this is partly why I went back to the plaintiffs PI shop from where I went to ID.
I’ve had SIU adjusters send me a list of questions and even sit in but there was an understanding that as the attorney I controlled the depo and what questions to ask and when to ask them. Never had an issue.