Acknowledgment

     Upon receipt, each file is set up and acknowledged in writing to the client.  Our Acknowledgment form includes all the pertinent client information, the parties we believe to be responsible, any applicable deadlines, and our file name and number.
 
Initial file handling

     Generally, we begin handling each file by sending one or two letters to the responsible party or parties.  Rarely does this method result in a settlement of the case; however, our philosophy is to give the adverse parties the opportunity to resolve the case before it goes into litigation.  This also potentially saves the client money, as the attorney fee charged is usually lower if the case is settled without the filing of a lawsuit or arbitration.

      In addition, sending the letter(s) helps us to determine whether we have the adverse party’s correct address.  If the adverse party has moved, the letters are often returned to us with the current address.

     If the defendant fails to respond to the correspondence, and we are confident that the provided address is still good, we will then usually request suit authority and court costs (for filing and service of the lawsuit) from the client.

Litigation

     If the client grants suit authority and advances the costs for filing and service, we promptly prepare, file and attempt to serve the lawsuit.  From that point, the litigation progresses according to the situation in the particular court where we have filed the case.  In the vast majority of cases, the defendant does not contest the case, and a default is entered against the defendant.  At that point, declarations are obtained from the client’s adjuster or other representative and from the insured, if appropriate, and a judgment package is submitted to the court.

Costs

     Court costs are advance by the client when it is determined that litigation will be necessary.  We meticulously account for all costs received and expended, and unused costs are always refunded to the client at the conclusion of the case.

Status Reporting

     Much of our status reporting is automatic and will not require requests for status from the client.  Reporting frequency is no less than every 3-4 months prior to entry of judgment and at least every 6 months post-judgment.

Enforcement

     Post-Judgment enforcement usually requires expenditure of additional costs for recording Abstracts of Judgment, garnishing wages and/or bank accounts, driver’s license suspensions, Judgment-Debtor Examinations, further locate/asset investigations, and the like.  We always explain the intended action at the time of requesting additional costs.

Settlements

     Reasonable cash-out settlements are preferable and should always be considered.  However, no settlement for less than 100% of the initial claim amount will be made without prior client approval.

Installment Payments

      Many times a defendant will elect to settle a case through monthly installment payments.  Generally, these payments are collected by our office, deposited in our trust account, and disbursed to the client on a quarterly basis.