Tip to Plaintiffs bar, the tough guy act is not as effective a tactic as you think it is. Bad behavior hurts your clients, gives overwhelmed ID lawyers and adjusters the excuse they need to triage your case and delay reporting for settlement authority.

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The best plaintiff attorneys don’t do it because they know how silly it looks and it’s just wasted energy. It’s actually very cringe and legitimately laughable. You also lose credibility. We will never settle this 20k soft tissue slip and fall, we’re ready to try it! 🤦‍♂️

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I’ve got a tough guy on one of my cases (I’m ID) and bc of his bad behavior and rudeness toward me I refuse to try and work with him. I’ve already extended 2x the meds but he says it’s “bad faith” and “subpar” whatever dude. See you in court.

The NICE PI lawyers - I go out of my way for them. Respond quickly, try and get more money, etc etc.

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Sooo cringe. I’ve been on both sides and the best cases, cases that move smoothly, settle early, have little to no discovery disputes, always end up best for both sides.

Hate to play the gender card here but RIP to the middle aged male PI attys who put on a deposition show to “impress” their clients by objecting to all the questions ID attys literally HAVE to ask to get you the money you want……

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I agree with this. It seems like the best thing you can do is just actually be prepared when you go to take depositions, etc. Attention to detail makes an impression on the other side, especially when it’s clear you can/will work a case up. But for the love of god, be kind and courteous. This profession is too small to make enemies unnecessarily.

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Yes BE KIND!! I’m less inclined to respond in a timely manner to someone who is rude.

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This is all in good faith, but defense attorneys telling plaintiff attorneys to drop the act when the adjusters are offering $3k on a $100k+ case is the reason this stuff happens. None of these negotiations take place in good faith and I’m certainly no hardball attorney but I don’t feel bad telling people to screw off this the nonsense.

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It depends on the defense lawyer imo. Some I'm friendly to. Others have burned bridges when they tried to take advantage of my kindness.

There's also the occasional defense lawyer who argues as if the settlement is coming out of their own pocket. If I filed suit over $2,000 I probably really do need that 2k to make the case work.

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True, but it’s also not a tough guy “act” if you’re able and willing to try your case and do a good job of it. Everyone wants to settle but nobody wants to pay. So when I get pissed off and ghost an adjuster who thinks they’re doing me a favor by offing me 5k to settle a claim, it’s not an act, it’s reality. Then they pull the whole scare tactic about how I MAY lose at trial. Well if I settle for your crap offer I WILL lose by forfeit. Never going to happen. I’m all for being cordial, working together, being reasonable, and moving files. But insurance companies are the biggest offenders when it comes to the bully tactics.

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Say it louder for the folks in the back, A6.

True, but you still need to be polite but firm with claims reps/OC who try to low ball you. I’m filing suit in a case where the claims rep believes she gave me a “good” settlement offer which is so low it’s insulting and not even being countered.

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For sure. My point was to always be polite but don’t let them jerk your chain by delaying, low balling you, etc and just file the complaint or proceed to trial if necessary. I want to have a good relationship but also for them to have a sense of urgency too.

Same goes for you guys when you posture over nonsense and your client pays the tax for you pissing me off. 👍🏼

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PI lawyer here and I appreciate the heads up. I’ve seen all types and can confirm that the plaintiffs lawyers who don’t lose their temper and don’t play tough guy get way more done.

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