Managing Case Expenses

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about liability cases and the best practices for evaluating them. 

Discussed in this Episode:

• What is the upside?
• Assuming it goes to trial
• Your theory of the case
• The odds of success

What is the Upside?

In order to prevent ourselves from wasting valuable time and money, we need to evaluate each case step by step. Let’s start with the most obvious question: what is the upside? Before spending any time researching the case, you’ve got to make sure that there’s value there. 

Assume it goes to Trial

Though it may look simple on the outside, assuming that each case will go all the way to trial will save you from losing time and money on the backend. By setting worst-case expectations, you will often find that you’re rarely put in a situation that isn’t profitable. 

Your Theory of the Case

Look at the case and imagine your best outcome. Of the things you don’t know, what do you want them to be? By narrowing your focus to the few pieces of information you’d require to take on the case, it will be easier to evaluate. 

The Odds of Success

Take all of the data that you’ve collected and make a determination based on similar cases you or other colleagues have had. Calculating the odds or percentage of success should give you a really good idea of whether the case is worth taking or not.  

You can reach Jack at:

jz@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about becoming great at anything by continuing education.

Discussed in this Episode:

• Break things down
• The classroom portion
• Real world rehearsal
• Tweak the process

Break Things Down

Instead of focusing on the end goal, break things down into smaller pieces. Your goal  may be to become the best trial lawyer possible, but if you get too wrapped up in the big picture, it can become overwhelming and hamper your ability to learn effectively. 

The Classroom Portion

While having real-world experience is a must, it’s best to start with your own research. Jack talks about how he listens to CLEs while working out and how education connected with a physical activity can be very beneficial. This is also a great time to begin to work through how you would use this knowledge in the real world. Either by rehearsing it with yourself or with a mentor. 

Real World Rehearsal

 This is a great time to begin to work through how you would use this knowledge in the real world. Either by rehearsing it with yourself or with a mentor. This can also be a great time to watch someone else do it and reflect upon the differences between the two. 

Tweak the Process

Now is the time to review everything you’ve learned, seen and worked on and make it your own. Never be afraid to adjust as new information becomes available and be flexible to stay on top.

You can reach Jack at:

jz@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about identifying and choosing the right cases for your practice.

Discussed in this Episode:

• The initial phone call
• The screening process
• The pillars of evaluation
• Be personable
• How to say no
• When you say yes
• The next level of investigation
• Appointment only

The Initial Phone Call

When a potential client calls your firm, it may seem obvious to take the call. Yes, this may end up being a client, but more often than not, this call will end up being a case you won’t want to take. Creating a screening process will save your practice a ton of time and make your initial calls much more effective. 

The Screening Process

Having the proper phone script and intake form goes a long way to help find the right client. Enabling your receptionist to use both effectively will take a lot of work off your table.

The Pillars of Evaluation 

The primary benchmarks for Zinda Law are these three pillars. First, who is liable? Second, what are the damages? And third, what is the source of recovery? All three pillars must be inquired about before moving forward on a case. 

Be Personable

Once you’ve determined that it’s time to have your initial meeting with the client, make sure to treat them like a person and not just a lawyer and client relationship. Personability and empathy go a long way to make them feel comfortable, confident in your abilities and an overall sense of trust. If this step makes you feel uncomfortable, now is a great time to practice with colleagues or use a recorder to evaluate yourself. 

How to Say No

If after the initial meeting you find yourself declining the client, it’s still important to make sure that it’s handled with empathy. Leaving on good terms can net you work in the future if the client feels like you truly care about their situation. 

When You Say Yes

Just because you say yes, doesn’t mean that they will. Now is the time to pull out all the stops to show them why you’re the A+ rockstar lawyer who will get the job done. This is the time to talk about your accomplishments and awards. Do be warned though, this is still an area you should practice to avoid coming off as ignorant. 

The Next Level of Investigation

This is the time when we take our three pillars of evaluation and dig a lot deeper. This includes verifying the claims of the client, getting documents and making sure that the truth is one that will result in damages awarded for your client. 

Appointment Only

It’s important to stay in consistent contact with your clients during the early stages of the case. The best way to do this is by scheduling your appointments with them. Being prepared for a call with the case notes in front of you will allow you and your client the ability to get right to the point and make these calls effective. 

You can reach Jack at:

jz@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about his personal strategy for staying sane while running a firm and practicing law. 

Discussed in this Episode:

• Don’t outwork the problem
• Areas of focus
• What am I trying to achieve?
• Mapping out your time
• Establishing hard edges

Don’t Outwork the Problem

This is the most common and obvious way to keep yourself from burning out or cutting corners. You may be able to work 80 hour weeks, but eventually it’s going to catch up with you in the form of mistakes, exhaustion and tension with family and friends.

Areas of Focus

You have a finite amount of time to devote to your work. Once you’ve established a healthy work-life balance, you’ll then need to find ways to be more effective and efficient. Mapping out your areas of focus will go a long way to ensuring keeping yourself on track.

What Am I Trying to Achieve?

Look at the long-term goals of your practice and make sure that they line up with how your practice is currently being run. Is there a clear path? Or do you need to tweak your role to better suit the business?  

Mapping Out Your Time

Beyond the areas of focus, it’s also important to map out the rest of your time to ensure that you feel satisfied with your role. For example, Jack loves to practice law and tries to make sure that is working on law-based tasks a third of the time. 

Establishing Hard Edges

Once you’ve mapped everything out, now you have to follow through. Scheduling everything each week, including time when you’re just working alone is important. If you fail to adhere to the schedule, the system will fail. Finally, look back each month and inventory your work. What areas need to be tweaked?

Links:

Getting Things Done

The E Myth

You can reach Jack at:

jz@zindalaw.com 

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks with Partner and Lead Trial Lawyer Neil Solomon about a last-minute wrongful death case they took and the process of resolving it. 

Discussed in this Episode:

• The facts
• Gathering information
• Unique elements to this case
• Building the case
• Allocating the funds
• Putting in the effort

The Facts

Neil talks about how the case came to them and why they decided to take it on despite the fact that they have a rule not to take on a client with less than 6 months before the statute of limitations runs out.  

Gathering Information

Once they decided to take on the case they began pulling reports, building a family tree and establishing a case file. At this point they had to decide who they will be representing and made the decision to only represent one family member instead of a group of them. 

Unique Elements to this Case

No case is cut and dry, but this case was certainly not so. There was conflicting testimony, unclear photo evidence and even some potential fault of the deceased. Because there was a national chain delivery service involved, the question became: how did this corporation handle the incident?

Building the Case

After enough witness testimony and testimony from the driver herself, they were able to surmise that there was both negligence and careless behavior from both the establishment and driver. It quickly became apparent that there were many elements at play that all contributed to this accident. 

Allocating the Funds

Once the case had been resolved, it was important to know where the funds would be going. In this case, there were children that needed funds allocated to them. By understanding the family tree up front, you can make sure that everything is signed off on and the awarded party gets proper distribution. 

Putting in the Effort

A big reason why this case was successful was due to the physical hours put into it at the beginning. When dealing with a limited window of time, you must be willing to put in more effort and be creative in your approach.

You can reach Jack at:

jack@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about finding the right attorneys to your firm

Discussed in this Episode:

• What type of attorneys do I need?
• Create a scorecard
• Finding ideal candidates
• The hiring process
• Screening, testing & Interviewing

What Type of Attorneys Do I Need?

This might seem obvious, but understanding the different roles your attorneys play in your practice is important when hiring. This can include how many years of experience they have, what type of law they practice and how they fit in your team structure. 

Create a Scorecard

Next we’ll need to take all of the information we gathered above and turn that into a scorecard that we can present to potential hires. Giving the attorneys a chance to select their skills from 1-5 will make it much easier during the hiring process.

Finding Ideal Candidates

Do some research on your own and find ideal clients through LinkedIn or the ABA. They might not be available to hire, but you can use their resume as a guide when comparing potential hires. Another element is regular recruiting. Create a database of potential candidates to pull from when it’s time to hire someone. 

The Hiring Process

Now you’ll want to post the job. Of course you should post the job in the traditional places like LinkedIn, but it’s also very beneficial to post it to your website and use word-of-mouth within the practice. Oftentimes a friend or former colleague who has already been vetted can make for an easier transition. Whether it be the rate, bonus or other compensation, it’s important not to under compensate your potential employee. “You’re not going to attract A talent with C compensation”. 

Screening, Testing & Interviewing

Breaking the interview process into a few different encounters can save a lot of time when dealing with the wrong potential hire. Instead of a 90 minute interview, start with a short 15 minute screening and go from there. Once you get to the final interview you’ll have established the quality of the candidate. 

You can reach Jack at:

jack@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about managing your online reputation. 

Discussed in this Episode:

• Where to look?
• Do damage control
• How to improve your rating and get positive reviews
• Respond to reviews
• Make the ask

Where to Look?

When assessing your online reputation, the first thing you should do is look up your practice on places like Google Reviews, Yelp or ABA and see what your presence is and what your reviews look like. 

Do Damage Control

It’s always important to look through your online reviews and make sure they’re valid. Jack shares a story about how a competitor was leaving bad reviews on all the personal injury lawyers in their vicinity and how it was rectified. 

How to Improve Your Rating and Get Positive Reviews

If you’re just starting out, this is a great time to give free legal information in exchange for positive reviews. Even something as simple as a quick email exchange can net you better visibility online. If you are struggling with negative reviews, it’s important to at least make sure that those reviews get pushed to page 2.

Respond to Reviews

Bad reviews happen to the best of them. There’s no escaping a scorned defendant or client that you turned away. What you can do is engage with them in a professional manner to show that you are a reasonable person. 

Make the Ask

Instead of sending a generic email once the case has been resolved, make sure to ask them in person with a heartfelt request and follow up with the necessary information.

You can reach Jack at:

jack@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about case expenses and the best practices to manage them effectively. 

Discussed in this Episode:

• What do we use case expenses for?
• How much can we spend?
• How to budget a case
• Cash flow is critical to success
• How often are you successful?

What Do We Use Case Expenses for?

Create a list of things that are valid case expenses and things that aren’t. Medical records, bills, depositions, videos and photos, are basic requirements for any case and should be automatically included in your list. This list should serve as the document for your attorneys to understand what can and can’t be included for case expenses. Sometimes that line might be narrow, so be sure to be detailed when putting this list together. 

How Much Can We Spend?

The first step is to establish the percentage of potential case earnings that can be allowed to spend on case expenses. For Zinda Law Group, that number is ten percent. Some cases will require more, but having a consistent number goes a long way to make sure that if the case doesn’t receive the anticipated verdict, the financial loss is minimized. 

How to Budget a Case

Look at previous costs for services to build your budget, even if a guess is as good as you can do. You don’t need to be perfect, but you need to have some rough numbers before building a budget. Oftentimes there will be ways to decrease that budget just by thinking ahead and using a little common sense. 

Cash Flow is Critical to Success

If you don’t have cash on hand, you’ll never be able to pay for the expenses as they come up. You may have to be creative if you’re just starting out, but a business loan, loan from a family member or even a credit card might be necessary at the beginning. 

How Often Are You Successful?

No one is going to win 100% of their cases. You must build your budgets assuming that some of your cases will not have the desired result. 

You can reach Jack at:

jack@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about how to account for lost wages in your personal injury case

Discussed in this Episode:

• Loss of earning capacity 
• Accurately interview your client
• What limitations were caused by the injury?
• What is the duration and worth of the harm? 
• The loss of earning capacity worksheet

Loss of Earning Capacity 

Though commonly referred to as “lost wages”, loss of earning capacity is more than just being unable to work while disabled. If you’re well-educated on this subject, there are many other ways to claim loss of earning capacity.

Accurately Interview Your Client

Loss of earning capacity means more than just your current job. When interviewing your client, ask about school, further education or other ways that the client intended to increase their earning potential. If they no longer have the means, capability to work in that field, or are delayed, there may be an additional dollar amount associated. In addition to future earning capacity, don’t forget about simple things like overtime. Even if they received PTO during their injury, they are still able to retrieve lost earnings.

What Limitations Were Caused by the Injury?

It’s not just about manual labor when it comes to limitations at work due to an injury. Many people work with computers in office settings and something as small as an inability to type will qualify.

What is the Duration and Worth of the Harm? 

This is where age can play a large factor in how much a defendant can be liable for. This may be the time to talk with an economist and a vocational rehab expert to help get the initial figures. 

The Loss of Earning Capacity Worksheet

This is where you start compiling numbers and putting together a final number. Other things to look for when calculating include: quarterly or yearly bonuses, tax returns, other work amenities like insurance and retirement funds. This is also the time you’ll want to compile physical evidence like W-2 forms, tax documents, a lost wages verification form, an employer statement and a doctor’s note. 

You can reach Jack at:

jack@zindalaw.com

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about what you need to do to ensure that you’re completely prepared after your discovery period. 

Discussed in this Episode:

• Find the time
• The “theory of the case”
• Create your discovery questions
• Motion to compel 

Find the Time

Jack talks about his process when putting a list together. First and foremost you must set aside the time to make a comprehensive list of everything you need for each individual discovery process. Too often lawyers use templates or copy/paste their information and it can prove costly. 

The “Theory of the Case”

Once you’ve set aside some dedicated time, the next step is to begin to grab information. What facts are going to be important to winning this case and what evidence you need to prioritize getting during discovery. Then it’s time to start putting together a theory based on the initial information given to you in the case file. 

Create Your Discovery Questions

Now we dig deeper into each piece of evidence or information that we deem important. Do not be afraid to be very specific here. Being overly broad in your inquiry may leave room for interpretation. Was there video evidence? If not, make them prove it. 

Motion to Compel

After the initial discovery inquiry, it’s time to create your motion to compel letter. This is where good lawyers can make a case. Create a person of interest log as well as a production log and find what information is missing or you feel is being withheld.

You can reach Jack at:

jack@zindalaw.com

512-246-2224