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Pro
Just remember that you actually have a real person as a client now. Sometimes these people literally have nothing else going on with their lives, and will have some unrealistic (even absurd) expectations regardless of whether or not you try to set a realistic expectation at the outset. You also could be dealing with some really uneducated people who have zero appreciation for what you’re doing. Be prepared for the “what do I pay you for” statements and having to explain politely that they have not, and will not, ever pay me a dime from their pocket. There are also a lot of non-legal related things that go into plaintiff side that can be quite different. These things can be an adjustment for people coming from ID.
Focus on working up the files, establishing a rapport with the clients, and getting discovery out fast. You have to change from reactive to proactive in litigating. I have worked both sides of PI.
It has its benefits. I got 5 jury trials in 3 years working in house ID. Never got that on plaintiff’s side. If a case went to trial, the senior attorney or partner would snatch up the file to get the trial. I grew tired of that. Also, I’ve taken over 120 depositions. Never would have that experience on plaintiff’s side. Claims adjusters are (mostly) normal, regular human beings. And the defendants were almost always super chill and responsive. Rarely would a defendant call me to check case status. I also feel like less stress on defense side. Easier to poke holes in a case than it is to build up (for the sake of trial).
Get ready to get 5-10 client calls a day demanding unrealistic results
You’ll be fine, we have 2-3 ID guys at our firm that have made the transition very well and honestly are great litigation attorneys, I say go for it
Your timing is perfect. In the PI whorls you will have a big advantage because of the defense work. The main thing you will have to change is your mind set. As a Plaintiff you have to move cases. You need to be more aggressive and imaginative. Be aware, the amount you earn will be related to the cases you successively complete.
Do it! I switched from ID to PI and didn’t realize how awful the billable hour is till I left.
Conversation Starter
It looks like I’ll be making the move soon, we’re just ironing out the details. After 7 years grinding in ID for relatively low pay I can’t wait!
Conversation Starter
I feel like dealing with the liens is going to be the most difficult transition. does your support staff help with that?
Pro
That's something you have to do, but it's far from the most difficult part of the transition. The Defense always thinks that the liens can be negotiated down more than they actually can. Some of these ERISA lienholders are extremely difficult to work with. It also depends on how much risk you and your firm have an appetite for. There are ways of stiffing the ERISA lienholders, but at the risk of you and your client getting sued. I have support staff that helps with a lot of this. You'll figure out the liens.
The most difficult part of the transition will be changing your mindset. Many Defense attorneys get jaded and drink the insurance companies' Kool-aid and then cannot properly do PI work because they don't empathize with their clients and do not properly value their cases. Also, in ID, it's all litigation work. In PI, there is a ton of work that goes on before/if a lawsuit is ever filed. Soft skills are very important.
Good for you leaving the dark side.
I disagree with getting out discovery fast. Take your time. Really investigate. Remember you can always 41(a) a case if need be. Often the defense and courts understand and will let you take far more than 28 days to answer.
Give me six hours to chop down a tree and I will spend the first four sharpening the axe.