I work in a firm that is known for litigation defense. I’ve been developing my own plaintiffs practice as well. I am able to pay the bills with my hourly defense work, which gives me time to focus on a handful of high value PI case a year on contingency. I was recently negotiating a case and was told part of the reason the claims rep/OC was jerking me around was because they didn’t see me as a plaintiffs attorney. Is there any way to change this perception or does it just come over time?

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I think you need to play on your Firm’s defense reputation and let the adjuster know that your demand is based on the fact that you've already evaluated the case from a defense perspective and have taken into account the local bench's trends on cases with similar fact patterns. To underscore the reasonableness of your figure, let them know what you calculate is your best day in court, and let them know that your offer is within the the range of the defense's better/best day in court.

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Agree with this 100 percent. In the state where I practice, a lot of the best PI attorneys worked in big law or for defense firms before making the switch.

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Unrelated, but curious: do you “Of Counsel” for the litigation defense firm? How does this arrangement work and how of you avoid conflicts of interest? Does your firm know about your own playoffs practice?

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I see! Thanks for clarifying :)

What does your bio say? Short of changing your profile pic to you wielding a baseball bat or sporting brass knuckles, how can you play up the aggressiveness of your plaintiff-side work?

Yeah, listing your practice areas is bare minimum. You need to tout your accomplishments for plaintiffs. Cite specific dollar amounts of any large settlements if possible.

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