Gain Important Case Preparation Time with Strategic Vendor Partnerships

Source: ChoiceLegal

In defense litigation, rapid and thorough records retrieval sets the foundation for good case preparation timely depositions and settlement options. Vendor partners with a national footprint make it seamless for defense firms when gathering employment, medical and education records. This strategic partnership frees time for paralegals and support staff to focus case on the merits of a case rather than the tedious detail of tracking requests and endless follow up phone calls.

When considering records retrieval, look for support partners who are easy to work with, advance custodial fees, offer a simple fee structure and provide document management tools that further increase case preparation efficiencies.

Easy to Work With

A successful relationship between defense firms and their retrieval partner is based on listening to the defense team’s processes and workflow. Most retrieval companies will offer a “self-serve” portal to place orders, however a true partner can take on the admin role for the client and simply receive an email with the request details and handle the order process for your firm. This frees the firm staff for higher value legal tasks.

Custodial Fee Advances

Eliminate the need for check requests and digital payments by choosing a retrieval vendor who advances witness and custodial fees on your behalf. This saves defense staff time and streamlines the final invoice with all services included in a single bill.

Transparent Fee Structure

Add on fees. Hidden fees. Mileage. Postage. The list goes on. Our suggestion? Find that partner who offers a primary pricing model and minimal-to-no add on fees so you know what your firm will be billed at all times.

Document Management Tools

Software tools like optical character readers (OCR) and records chronologies make it simple to pinpoint pre-existing conditions, extent of injury and timeline of treatment. Retrieval partner companies can provide the records in chronological order or provide digital tools for paralegals to search records based on their case criteria.  We also provide Medical Summaries of the records.  Ask us for a sample!

Bonus!

Last, partnering with a retrieval firm that offers IME and Bill Review integrations starts to reduce the number of individual vendors that your team must track and further increases efficiencies for your case preparation.

About Jeffrey Baker

Jeffrey Baker is Senior Vice President of Sales for ChoiceLegal. Jeff is responsible for the ongoing growth and branding on a national scale with the insurance and legal communities. An insurance industry veteran, Jeff has 27 years of experience working with legal companies. Eleven years in executive claims management and sixteen years as a vendor to the insurance and legal market.

About ChoiceLegal

ChoiceLegal is a leading nationwide medical record retrieval provider for defense firms and insurance carriers. As a dedicated partner, ChoiceLegal retrieves all types of medical records insurance defense firms may need and handles every step of the process including order entry, authorization processing, subpoena preparation, and service.

Defense Verdict on Behalf of Church

July 2023 • Source: Righi Fitch Law Group

Righi Fitch prevailed on a motion for summary judgment on behalf of a church against claims of negligence and negligence per se for failing to report an incident of sexual abuse. Plaintiff alleged that her stepfather sexually abused her between the ages of 13 and 17. During these years she was a member and her stepfather was a church leader. The lawsuit alleged that her mother had informed the church pastor and three members of the church leadership of sexual abuse and all four failed to report the sexual abuse pursuant to Arizona’s mandatory reporting statute A.R.S. § 13-3620.

During discovery, Plaintiff admitted the sexual abuse did not take place at the church’s premises or during any church-sponsored events. While she claims that her mother told the church leadership about her stepfather's abuse, Plaintiff admitted that she was not present during any meetings with church elders. Plaintiff’s mother admitted under cross-examination that she did not witness any meeting with the church elders regarding sexual abuse. She testified that she was seeking a recommendation for a counsel but did not report any incidents between her husband and daughter with the pastor.

The court concluded that there was insufficient evidence to support the plaintiff’s claim that the church had notice of the abuse and, therefore, had no duty to report under ARX 13-3620. The court agreed with Beth Fitch’s argument that because all claims were predicated on the failure to report, summary judgment should be granted on all claims and the case dismissed.

Sheehy, Ware, Pappas & Grubbs, P.C. Attorney, Kevin S. Niknam, Securs a Triple-Summary Judgement Victory

July 2023 • Source: Sheehy, Ware, Pappas & Grubbs, P.C. 

Kevin S. Niknam represented three separate corporate entities in a premises liability suit involving a total of five named defendants. The lawsuit was filed by personal injury firm The Carlson Law Firm. The incident arose out of a slip-in-fall at a China Bowl Café restaurant in Pflugerville, Texas. Plaintiff claimed to have suffered severe injuries after allegedly slipping on a liquid substance inside the restaurant. Plaintiff was a patron at the time and thus the invitee standard of premises liability applied. Plaintiff alleged negligence, negligence per se and asserted violations of the Americans with Disabilities Act and the Texas Health and Safety Code.

The entities Mr. Niknam represented were the landowner, property management company and the conglomerate that held the insurance policy. After over a year of discovery, consisting of eight depositions and numerous rounds of requests for production, Mr. Niknam filed Traditional and No-Evidence Motions for Summary Judgement on behalf of all three entities. He successfully argued that his clients owed no duties to Plaintiff and had not violated the ADA or THSC. The judge found Plaintiff’s claims had no merit and granted all three motions.

The motions were heard before former appellate judge, the Honorable Judge Scott Fields, 368th Judicial District, Williams County, Texas.

Malinda Matlock Invited to Speak at 2023 OK Judicial Conference

July 2023 • Source: Rhodes, Hieronymus, Jones, Tucker & Gable, PLLC

Malinda Matlock of Rhodes Hieronymus in Oklahoma City was invited to Speak to the 2023 Oklahoma Judicial Conference, attended by most Oklahoma State judges. Malinda discussed E-discovery issues in the context of standards, requirements and methods of evidence preservation relating to Smartphones/texts/emails. She presented the topic from the defense prospective opposite a good plaintiff’s attorney. She related that the starting point for preservation obligations in Oklahoma is actually a case from a New York federal court,  Zubalake v. UBS Warburg, 229 F.R.D. 422 (S.D.N.Y. 2004).  The consensus was that every law firm should establish a clear policy about collection and preservation of data and utilize an appropriate letter for notification of clients, including a plan to ensure compliance