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Always follow the money. The Plaintiff’s bar makes more if they win, so they invest in resources, including directories of jury verdicts. They also share resources with each other, similar to local criminal defense attorneys. Big defense firms don’t share with each other. I used to belong to DRI. They don’t compare to Plaintiff side groups. If I want resources (draft pleadings, research, ideas), I seek out law school classmates on the side (not via their firms).
I’ve definitely noticed this. Defense firms are often fiercely competitive with one another - always wondering who’s going to try to steal their clients since they market to a finite number of institutions. The number becomes even smaller with a more specialized practice and many defense lawyers are highly specialized. Some only handle very specific types of cases - eg med mal. I do a lot of different things but mostly all in the health care industry, and one thing I noticed is Med mal lawyers are way more protective over their work product. For products cases, defense lawyers seem much more open to sharing and collaboration
Pro
Yeah, former med mal defense attorney here. It kind of blew me away how we had no resources outside of our own work product and when it came time for trial there was really no focused trial strategy. And we didn’t start actually preparing for trial until very late in the case.
Agree, I’ve done plenty of both PI and defense work and was entrenched with both sides. Defense firms, just like insurance adjusters and their managers, are suspicious and flighty by nature. Defense firms don’t share due to client coveting in what is a fiercely competitive industry — they are always worried about poachers. Claims folks are always being courted for business and usually have their defenses up by default when you inquire into business opportunities. Insurance defense overall is kinda weird like that, with a lot of distrust, coveting and insider group dynamics going on. It’s funny because it makes the partners act weird when it comes to their books of business. They can be friendly one minute and nasty or standoffish the next.
Echoing what the first response, there's a greater economic incentive. Plaintiffs upside is theoretically unlimited. Defense can only push verdicts down so much.
Also the defense probably doesn't want to destroy its own job which is something that can happen if they're too successful
I actually found the opposite. Defense side had more available than the PI firm I started with
My firm provided me with motion banks, CLEs, bar costs. We do trainings on topics too like depositions, procedural, medical reviews etc. We also had cross training/ meet and greets with claim reps that we work with.
They also provide us with opportunities to participate in trial bar associations which while plaintiff friendly provide an outside perspective to look at how the Plaintiff addresses cases.
I know here in Southern California Bob Tyson is trying to change the mentality but a lot of people are suspicious and hesitant to trust him. I know my boss is.
Plus, Tyson has been trying to launch a three day training weekend kind of like what the Plaintiff bar does but he charges way too much.