How you present your report opinions to attorneys is just as important as the report itself.
In this blog 8 Certified Legal Nurse Consultants reveal:
- How they typically discuss their opinions after submitting a report to attorneys.
- Whether they communicate report opinions directly with the attorneys or through their assistants.
- Strategies for getting attorneys to discuss the case in detail after you’ve submitted a report.
- Strategies for effectively and professionally communicating report opinions to your attorney-clients.
SUZANNE ARRAGG, BSN, RN, CDONA/LTC, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
We generally speak on the phone. Depending on the complexity of the case, my attorney-clients will also reach out at varying intervals throughout discovery. Email communication is the most efficient way for the attorney to ask a quick question and receive a response. Additionally, email is the primary mode of communication when further analysis or clarification of a specific case-related issue is required.
If I am designated as the testifying expert (TE), and a TE report is requested, further communication is always conducted via telephone. In cases where the attorney has never met me in person (due to distance) a Zoom meeting is arranged.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I communicate regularly with both the attorney and the paralegal. Depending on the issue or request, I will reach out to one or the other. I have found that it is more efficient to communicate with the attorney’s paralegal regarding discovery responses or requests, as they are often responsible for drafting the initial responses to discovery, which the attorney then finalizes. Thus, communicating directly with the paralegal supports their ability to work efficiently, and they always appreciate my expeditious response.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
First, I email my report to the attorney, the assistant and the paralegal. This approach ensures that all members of the litigation team are aware the work product has been sent, ensuring it gets saved into their database. After submitting a report, I generally follow up within a week or two with an email copying the attorney’s assistant to ensure there are no outstanding questions. If I do not receive a response right away, I wait another week and then send a second email, also copying the assistant and paralegal. As the case proceeds, a question or request is inevitably emailed, providing me with an opportunity to circle back and ensure the initial report was satisfactory. Of course, repeat business for new projects indicates that the attorney appreciates the report.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Always present your opinions clearly and concisely. Avoid rambling.
- Provide an overarching opinion, then provide specific examples that support your opinions regarding the clinical issues.
- Always address scope of practice and provide relevant standards and regulations that support your opinions.
- Be persistent, purposeful, and poignant. These 3 “P’s” will ensure your points are professionally received.
- Do not back down. Defend your opinion and do not waver. Attorneys excel in the art of argument, while CLNC® consultants bring equal expertise in nursing standards.
DALE BARNES, RN, MSN, PHN, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
I primarily meet and discuss my report opinions by phone and occasionally communicate via email. I communicate my report opinions to my attorney-clients through email or a phone call prior to sending my report. We discuss the content, and I am always willing to make changes before submitting, if the attorney requests further information or opinions. I rarely meet the attorneys in person.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I prefer to communicate directly with the attorney when starting a new case, submitting my report or addressing any questions I have while analyzing a case. I usually only talk to an assistant about administrative or technical issues.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
I have only had positive experiences with attorneys being willing to discuss a completed report or my opinions during the report creation process. They want to be involved to ensure we are on the same page. I have not encountered a situation where an attorney was reluctant to discuss a case with me.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Listen closely to the attorney. Address their needs, answer questions and ask relevant questions.
- End a conversation by summarizing the details, such as expectations, opinions and optimal outcome.
- Follow up a phone conversation with an email to confirm the details discussed.
MARCIA BELL, RN, BSN, CAPA, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
I usually communicate with attorneys via email or phone call. As a testifying expert, I generally see the attorneys on Zoom for deposition and trial preparation. I meet them in person for live depositions and trials.
As a consulting expert, I may see the attorney when I stop by the office or meet with their assistant.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I mostly communicate directly with the attorneys. One law firm I have consulted with for more than ten years has their assistants contact me. I only have one other firm where the assistant contacts me if more records need to be sent. An assistant might also communicate with me to set up a conference call and may join the call with the attorney.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
My report addresses the issues in detail, including the good, the bad and the ugly. When speaking with the attorney, I further discuss those issues by asking open-ended questions.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- For verbal opinions, I recommend setting up a telephone conference to discuss the case. For reports, I recommend sending the report and asking the attorney to review it and get back to you after they have had time to do so.
- Listen carefully to the attorney’s comments to ensure clarity on their understanding of the issues.
- When discussing a case with an attorney, take notes to remember what you’ve said and to capture the important points the attorney has highlighted.
- Offer additional services you provide. Also, let the attorney know of your future availability to review testifying expert opinions, depositions, interrogatories and requests for production documents.
CAROL FRIDAL, MS, RN, CEN, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
Most of my attorney-clients are out of state, so initially I reach out via email. Once email communication has occurred, a phone call or Zoom meeting typically follows. Occasionally if it is an important part of the case, we will meet for a face-to-face discussion.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I have contact with either the attorney or their paralegal. If it is something really important, I contact the attorney directly.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
I have not encountered any issues discussing cases with the attorneys after submitting reports. If there is a question about the case, all I need to do is send an email, and they usually respond within 24 hours. During the discussion, I’m straightforward with the attorney regarding any questions or issues.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Use the Institute’s Screening Form to ensure opinions, issues and questions are organized for communication with the attorney.
- Be clear and upfront with your opinion. Address both the positives and the negatives of the case.
- Keep the attorney-client involved in the discussion. Periodically ask the attorney if they have questions or comments and address them as indicated.
- Keep resources readily available to easily answer questions the attorney has.
DORENE GOLDSTEIN, RN, BSN, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
Many of my attorneys are out of state, so I communicate via conference call to discuss my reports. This may be done with or without video depending on their preference. I also have one local attorney-client and we meet in person to discuss cases.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I communicate with both the attorneys and the assistants, depending on the issue. For example, if I’m missing records necessary for my review, I will contact the assistant, which helps build a bond with them. I also include the assistants (with the attorneys’ permission) when I send reports.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
There usually isn’t an issue with attorneys discussing the case with me after I submit the report. Most attorneys usually call within a few weeks of receiving the report to discuss any questions that they may have, but I also keep the lines of communication open, so they know I am available if needed. This helps foster our professional relationship.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Organize your thoughts before you communicate with the attorney to avoid rambling.
- Provide your bottom-line opinion with the case theme first. Then communicate the strengths and weaknesses of the case and discuss the next steps.
- Adapt communication methods. For example, while it’s easier to discuss my opinion on the telephone, some attorneys prefer email. If they request email, then I send my bottom-line opinion and request a quick phone call to discuss my opinions and recommendations in more depth.
CARYN JAFFE, BS, RN, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
I discuss opinions with both attorneys and their staff primarily via phone or video conference.
Do you communicate your report opinions directly with the attorneys or through their assistants?
It’s important to communicate directly with my attorney-clients for clarifications on assigned work or nuances within the case.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
After submitting a report, I ask questions and open the dialogue about my opinions on the case. Keeping communication open and showing my clients that I care about their satisfaction leads to more cases and referrals.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Identify and match the attorney’s communication style and preferences. For example, assess whether the attorney is more formal or informal and tailor your communication to match that style. Professional communication is not a one-size-fits-all operation. Another example, if the attorney is obviously not a morning person don’t make yours the first call of the day.
- Feel the energy of the interaction and respond accordingly. Don’t be afraid to speak your mind. Ultimately, that is why the attorney hired you. If I find something the attorney has not considered, I mention it and we talk it out. Sometimes attorneys shy away from complicated or confusing aspects of the case. Most attorneys have not provided patient care. Your job as a Certified Legal Nurse Consultant is to clarify the most complicated cases and issues for the attorneys.
ASHLEY MOREAU, RN-F, BSN, CCS, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
If the attorney is local, we meet in person; however, most of my attorney-clients are not, so we communicate through conference calls and emails.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I usually communicate my report opinions directly with the attorney.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
I request a conference call at the time I email the report. I then follow up in two weeks.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Understand the attorney’s schedule. Attorneys are busy, so when they don’t follow up or respond to emails, it’s not necessarily because they’re uninterested or dissatisfied with the work product, but rather that their focus is on something else at the time.
- Offer flexible discussion times, which gives the attorney the flexibility to revisit the case when their schedule allows or when they are working on that particular case.
MICHELLE NEAL, RN, BSN, CLNC
How do you typically discuss your opinions after submitting your report to attorney-clients?
The majority of my communication with attorneys is via email; however, I still have the occasional phone conversation. Most of my attorney-clients find that email is the most effective and efficient way to get quick questions about a case answered. When a case is more complicated and requires a more complex conversation, we may speak on the phone, but it’s always up to my attorney’s preferred method of communication.
Do you communicate your report opinions directly with the attorneys or through their assistants?
I communicate directly with both attorneys and paralegals. I have attorney-clients I communicate directly with and have never spoken to their assistants or paralegals. Some attorneys associated with larger law firms prefer that I communicate with the paralegal first.
What strategies do you use to get attorneys to discuss the case in detail after you’ve submitted a report?
After submitting the report, I send a follow-up email to ensure the attorney doesn’t have any questions or concerns. I always offer the attorney the opportunity to provide feedback. I want to ensure I have delivered a work product that meets or exceeds their expectations.
Discuss 3-5 strategies for effectively and professionally communicating report opinions to your attorney-clients.
- Be clear and direct. Be specific in addressing why a case is or is not meritorious and remember to discuss damage and causation issues.
- Support your opinion with facts of the case and deviations or adherences to the standards of care in medical malpractice cases. Stay clear of words such as “think” and “feel.” Remain objective.
- Be prepared to discuss potential arguments by the opposing attorney.
- Be confident. Do not waver if the attorney challenges your opinion.
Special thanks to Suzanne Arragg, RN, BSN, CDONA/LTC, CLNC, Dale Barnes, RN, MSN, PHN, CLNC, Marcia Bell, RN, BSN, CAPA, CLNC, Carol Fridal, MS, RN, CEN, CLNC, Dorene Goldstein, RN, BSN, CLNC, Caryn Jaffe, BS, RN, CLNC, Ashley Moreau, RN-F, BSN, CCS, CLNC and Michelle Neal, RN, BSN, CLNC for sharing how they present report opinions to attorneys.
Success Is Yours,
P.S. Comment and share your strategies for presenting report opinions to your attorney-clients.
