Litigation Management

Selection of Counsel

Where you have the right to select counsel (within the limits of your SIR), and you have been sued, the selection of counsel is the most important step in a successful defense.

  • Attorneys are expensive, and you need to know that you are getting the best attorney for your needs. Risk Retention Services makes sure that you get the right attorney for you.

  • Hire the lawyer, not the law firm. When you are in court, a law firm is not there with you, a lawyer is. Thus, the first step in selecting appropriate counsel is to determine the appropriate lawyer to work on your case, and ensure that he or she (not others in the firm) work the case up to prepare for trial.

  • Justice is local. A defense attorney in Texas once told us: “You know, around here, Justice is spelled JUST US.” An attorney who practices in the local area and knows the players and the playing field is essential. Judges more likely will know and have worked with them (lawyer credibility is critical) and, when it comes time for a jury trial, the jury will know them too. There is simply no substitute for an able, well prepared local attorney.

  • You are the expert regarding your business. It is our job to make sure that the attorney also becomes an expert in your business, product, or service. With your assistance, we spend the time necessary to educate your counsel about you. An attorney cannot properly represent you when he does not know you.

  • You are the client. All loyalty is to you. The attorney often gets paid by the insurance company. When you have the opportunity to select counsel it is immediately established that, even when paid by the insurer, the duty of loyalty is to you, the client and not to an insurance company. Risk Retention Services retains only attorneys who recognize and follow this simple philosophy.

  • Nationwide network of attorneys. Risk Retention Services has worked with over 300 attorneys nationwide who agree that their duty is to the client, and where the attorney who will try the case will also work it up.

  • Due diligence in selecting local counsel. Just because an attorney or law firm is on an “approved list” or located in a directory does not necessarily mean they are right for your case. When Risk Retention Services does not have an experienced or appropriate attorney in a local area, we perform due diligence to ensure that the right attorney is selected to meet your needs.

    In those instances, our due diligence includes:

    • Recommendations from respected attorneys, adjusters and experts in the area;

    • References and resources reviewed for an initial list of attorneys;

    • Telephone Interviews of potential attorneys, where their practice procedures, and ours, are discussed at length, as well as their experience. Prior clients are contacted; and

    • Local Interviews of finalists are often conducted. “Trial presence” cannot be evaluated on paper or by phone, and much can be learned only by being physically present in their office.