We’ve all walked out of an attorney-prospect’s office wishing we hadn’t said that one stupid thing. Read this blog and six CLNC® consultants will share 15 things a Certified Legal Nurse Consultant should never say to an attorney-prospect.
- Don’t volunteer that you haven’t consulted with attorneys before. Dale Barnes, RN, MSN, PHN, CLNC says, “There are ways to get around the fact that you’re a new Certified Legal Nurse Consultant. If an attorney-prospect asks how many cases you’ve worked on, reply by saying that although you’ve just started your CLNC business, you have “X” years of nursing experience, have reviewed medical records daily for “X” years and know your way around the healthcare system.”
- Never make a promise you can’t keep. Attorneys like to talk about their cases and may spew out loads of information. Don’t be too quick to offer opinions, suggestions or conclusions. It may come back to haunt you. Err on the side of caution and emphasize the need to review the medical records first.
- Don’t volunteer that you have never done something before. Suzanne E. Arragg, RN, BSN, CDONA/LTC, CLNC says, “For example, if you tell an attorney you have never reviewed such a large volume of medical records, you’re calling out your inexperience, which is almost a guarantee the attorney won’t hire you. Instead, confidently accept the case, embrace the challenge and utilize the CLNC Mentoring when appropriate.
Additionally, never say, ‘I’m sorry. I don’t know how to do that.’” Marcia Bell, RN, BSN, CAPA, CLNC states, “The CLNC Mentors are always supportive and will assist you with anything you need to learn. I draft my legal nurse consulting report and submit it to LegalNurse.com’s CLNC Mentors. Then I wait for helpful suggestions to improve the quality of my work product. The CLNC Mentors are always encouraging and helpful and that’s no exaggeration.”
- Don’t be overly eager to negotiate your hourly rate. Just getting a case is not enough. You want to honor your experience as an RN. Focus on your strengths, be confident in yourself and attorneys will be confident in you as well. Suzanne E. Arragg, RN, BSN, CDONA/LTC, CLNC adds, “Once you state your hourly rate, stay silent. If the attorney comments on your fee, don’t negotiate against yourself by offering to reduce it. Instead, emphasize how your clinical expertise saves the attorney time and expense, particularly when compared to a physician’s review. Also emphasize specific ways you provide support to the attorney and paralegal’s caseload.”
- Never offer a risk-free guarantee that you don’t intend to keep.
- Never offer to do a case without a retainer. If you tell the attorney you don’t require a retainer fee, you’re shooting yourself in the foot. Though you may think that will make the attorney happy, you have no recourse if there is a collections problem down the road.
- Don’t emphasize that you work a full-time RN job. And don’t emphasize that you can squeeze consulting into your job even if you know you can. Most new Certified Legal Nurse Consultants juggle a full-time RN job and their CLNC business in the beginning. You don’t want the attorney to think their cases are secondary to your RN job. If the attorney knows you have another job, and questions your availability, make sure they know you always prioritize your work to meet their deadlines.
- Don’t announce that you’re not available to testify. Dale Barnes, RN, MSN, PHN, CLNC advises, “If the attorney asks if you’re willing to testify, describe that your answer will depend on the specifics of the case and your qualifications to address the issues. Expressing reluctance too early may unnecessarily eliminate opportunities, not only as a testifying expert, but also as a consulting expert.”
- Don’t tell an attorney a case is outside of your specialty. Never reflexively decline an opportunity. Marcia Bell, RN, BSN, CAPA, CLNC expands, “With the National Alliance of Certified Legal Nurse Consultants Association, there are myriad experts that a CLNC consultant can subcontract with or contact to discuss a case. I’m not a labor and delivery room nurse expert, but I’ve been asked to review labor and delivery records. I communicate to the attorney that I can review the records and provide a chronological timeline. I can also review the fetal heart monitor strips and inform the attorney how low the heart rate dropped, at what times the heart rate dropped, and how long before the heart rate rebounded. I also let the attorney know that I have access to RN colleagues who are experts on the labor and delivery standards of care.”
Michelle Neal, RN, BSN, CLNC adds, “You never want to pass up an opportunity, especially your first potential case. If I had done this when I started my CLNC business 11 years ago, I wouldn’t be where I am today. My specialty was emergency, but the third case I received from an attorney was a nursing home case. I accepted the challenge. Expand your knowledge through research, networking, CLNC mentoring and subcontracting. Never limit your full potential.”
- Never say you can’t meet a deadline. If you’re serious about being a Certified Legal Nurse Consultant and serious about your reputation, you will prioritize strategically and do whatever it takes to meet deadlines. When attorneys see that you go above and beyond, they gain confidence in how you can assist in other matters and will send you more cases.
Marcia Bell, RN, BSN, CAPA, CLNC shares, “One of the first attorneys I marketed to did not use me for several years. After seeing me repeatedly at legal conferences, he contacted me to attend an independent medical exam (IME) for one of his clients. He needed the report for a mediation coming up within two weeks. I promised the report within a week. I went home from the IME and wrote the report while the many details were still fresh in my mind. I sent the report to the attorney the next day. I have received requests on a regular basis to attend IMEs for this attorney and I attribute this to beating a deadline. I had another attorney call me on a Friday to review a case as a potential testifying expert. He needed my opinions by Monday. I met his deadline and got subsequent cases from him.”
Shequita Moore, MSN, RN, LNFA, CLNC shares, “Once you start the case, keep the attorney and gatekeepers updated. It’s important to meet deadlines. If you run into any issues during the case review, it is important to be transparent and communicate with the attorney.”
Michelle Neal, RN, BSN, CLNC adds, “We all have busy lives and priorities outside of our business, but when it comes to sealing the deal on your first potential case, do whatever you can to make it happen. Prioritize and organize your commitments, so you can accomplish they attorney’s deadline. This could be the start of a thriving CLNC business.”
- Never tell an attorney-prospect that you’re nervous. Whether it’s your first case or you’ve never consulted with attorneys before, show up with confidence. Also keep it brief when talking about yourself. There is nothing worse than someone rambling about all they’ve done or why they went into nursing 30 years ago.
Dorene Goldstein, RNC, BSN, CLNC shares, “While mentoring a new Certified Legal Nurse Consultant, she shared an interview experience with an attorney-prospect that didn’t go as well as she thought it should. She described that the interview was going great and the attorney seemed interested in the CLNC services she had to offer. Her specialty was cardiac ICU. The CLNC consultant appropriately asked the attorney what his most challenging case was, but then she blew it. The attorney began to discuss a case involving a cardiac bypass surgery patient who sustained complications and died. The CLNC consultant failed to ask for specifics about that case (which was her specialty). Instead she started talking about her lack of experience as a Certified Legal Nurse Consultant and how she could help him in general. You need to listen for clues that attorneys give and then relate your own experience and USP to the specific attorney.”
- Never say no when you’re overloaded. If you’re too busy to work on a case, prioritize your caseload or subcontract with another Certified Legal Nurse Consultant. If an attorney-client asks you to provide a new CLNC service or review a case in which you have limited knowledge and experience, subcontract with another CLNC consultant. Never turn down work.
- Never send your fee schedule prematurely. Establish value first. As Dorene Goldstein, RNC, BSN, CLNC suggests, “It’s best to tell the attorney what you can do for them before discussing your fees.”’
- Never ask an attorney-prospect what you can do for them. Attorney-prospects want to know how your nursing experience and knowledge will benefit them. It’s your job to show them how your experience will benefit their medical-related cases.
- Never tell an attorney-prospect you only want to work limited hours. Michelle Neal, RN, BSN, CLNC shares, “I was on a mentoring call with a new CLNC consultant who asked about how to decline too many requests from attorneys. I was surprised that she would ask how to decline work when she hadn’t even started yet. I urged her to not decline any cases, especially in the beginning. There are other Certified Legal Nurse Consultants eager to step in and do the job. If you give an attorney the impression you don’t want to work a lot, the attorney may move on and hire someone else. No matter how busy you are, rise to the occasion as you never know how it will contribute to the success of your CLNC business. Declining requests from an attorney is a path to failure.”
Thanks to Suzanne, Dale, Marcia, Dorene, Shequita and Michelle for sharing 15 things a Certified Legal Nurse Consultant should never say to an attorney-prospect. Heed their advice and you’ll be setting the stage for obtaining a medical-related case in your next attorney interview.
Success Is Yours,
P.S. Comment and share things you would never say to an attorney-prospect as a Certified Legal Nurse Consultant.
