Murphy Battista LLP Founder Joe Murphy, QC and Murphy Battista Partner Scott Stanley recently took to the airwaves for the fourth episode of the AM 650 radio program “The Law Show”. The program airs once a month, on select Sundays at 11:00 am, and is hosted by veteran radio personality Stirling Faux. Each episode features experienced personal injury lawyers from the Murphy Battista team discussing issues that commonly arise in insurance disputes.
In this episode, Scott and Joe discuss the importance of hiring a lawyer that is ready, willing, and able to go to trial. Although Joe and Scott indicate that the majority of cases reach settlement, they underscore the importance of hiring a lawyer that regularly goes to trial on behalf of clients and has a winning record in the courtroom. To drive this point home, Scott explains that – in his previous practice as a defense lawyer for insurance companies – one of the first questions asked by the insurer was whether or not the plaintiff’s lawyer went to trial and if they won when they did. If the answer to both these questions was yes, the insurance company would take the file more seriously than they otherwise would and be far more prepared to settle for a reasonable amount.
Scott and Joe additionally spent some time discussing the importance of retaining a specialist in complex personal injury cases. Although some clients may feel the urge to retain a local lawyer if they live in a small town, Scott indicated that for complex injuries this might not be the best decision. While many small town lawyers are deeply skilled professionals, the economics of their region often force them to handle a variety of cases. As a result, these lawyers might not have the unique experience required to adequately handle catastrophic injury cases like complex brain injury and spinal cord cases. Additionally, Scott points out that the resources available to a larger firm make it easier for them to more efficiently handle complex claims.
Scott and Joe, also spent a large part of the episode explaining the importance of retaining a personal injury lawyer that does not also do work on behalf of ICBC. In order to handle defense cases on behalf of ICBC, these lawyers are required to enter into a contract that can limit their ability to effectively handle a personal injury claim. Joe explains that it is not yet the responsibility of these lawyers to let prospective clients know that they also work with ICBC, and that a client should always ask whether or not this is the case prior to hiring a lawyer.
In addition to these issues, Joe and Scott also took time to explain fiduciary duties, discuss what a client should reasonably expect from their lawyer, and briefly outline some of the community work that Murphy Battista is involved in.
Murphy Battista was once again pleased to share time on air with Stirling Faux and look forward to working with the AM 650 team again on the next segment of “You and the Law”. Stay tuned.