SUV Rollovers – Legal Information

SUV (Sport Utility Vehicles) sales have sky-rocketed in the United States over the past few years. In 2004, SUV’s accounted for 25 percent of all new-vehicle sales with over 22 million on the road. Because SUV’s are larger, and heavier than other cars, buyers often times overlook the safety issues concerning them. Unfortunately, SUV’s have the leading cause of rollover death on our highways. New statistics show that more than 12,000 people died last year in rollover accidents with SUV’s accounting for 62 percent.

In the US, SUV sales are rising and so are the problems that come along with them. Because SUV’s have a higher center of gravity, they are the most unstable and rollover-prone vehicles on the road today. Many SUV’s are designed to be driven off-road, however very few are equipped with proper equipment such as roll bars. In addition, only a few meet the National Highway Traffic and Safety Administration roof safety standards.

If you or someone that you know has been the victim of an SUV rollover you should seek help immediately. An experienced accident lawyer can help you understand the complex legal system to ensure that you receive the compensation you deserve. Don’t let legal time constraints impede or terminate your case before it happens. Contact a lawyer immediately!

Law Firm Marketing – Becoming Client Centric

The Client Experience

Receiving exceptional service is always a memorable experience. It can make a person feel valued. And news of exceptional service spreads fast. It’s talked about to friends and family and even eulogized to strangers. It can transcend the ordinary and take on an almost mythical form. This is especially true when ordinary things are done in extraordinary ways.

Years ago, I had to fly to Bangkok on a business trip. After a long, trying taxi ride in rush-hour traffic, I finally checked into my hotel, tired and hungry. I dropped my luggage in the room and went down-stairs to get some dinner. An hour later, when I returned, I found my luggage neatly unpacked–shirts folded, pants hung up, ties carefully dispersed along the racks. Almost immediately, I began to relax. I involuntarily breathed a sigh of relief.

Then I looked into the bathroom and saw something I’ll never forget. The items from my overnight kit had been neatly arranged by the sink,?and someone had actually cleaned my hairbrush. All of the hair strands had been removed and the bristles were glistening. But the coup de grace was this: Resting in the center of the bristles was a beautiful white petal.
After more than ten years, I can still see this image. This one experience–this unexpected gesture that went beyond exceptional service–left me with a whole new understanding of what it means to put a client first.

When I returned home and people asked about Thailand, I invariably told them about that small white petal on my hairbrush. Today, when I think of great hotels, I think of the Hotel Oriental. It is the standard by which I judge all other hotels.

In the universe of companies, only a few consistently reach extraordinary levels of service. Studies have shown that companies that do reach such levels share certain fundamental values and organizational traits.

Marketing a Service

There is a fundamental distinction between marketing a product and marketing a service. Products are tangible. They either work as represented or they don’t. Products can be returned or exchanged. We can touch and feel a product before we decide to buy it; rarely is this the case with a service.

Services are meant to be experienced, not ordered from catalogs. Serv-ices are profoundly personal in nature and our response to them is often emotionally driven. A service relation-ship, especially a professional service relationship, challenges the provider to be an expert in serving people.

Think about the ways buyers perceive “value” generally. When we buy products, we rely mostly on objective criteria. For products like shampoo and stereos, determining objective value is fairly simple. A large bottle of shampoo delivers more product than a small one, so we are justified in paying more for the large one. A stereo system that has more features is said to contain more value than one that has fewer features. Product features, quality and quantity are all critical factors in the determination of value. Service, however, is far more nebulous–and is therefore much more challenging to define and measure.

Service Is a Process, Not an End

One reason service is so difficult to measure is because it’s so subjective. It is experiential–we can feel it and see it, but defining it is another matter. Perhaps it’s a little like what the Supreme Court wrote about pornography: It may be hard to define, but we know it when we see it.

Truly great firms–those with legendary status–are always striving to reach greater levels of service for their clients. Fundamental to such firms is the understanding that service is a never-ending process driven by a specific mind-set. These firms know that while they must always try to reach higher levels of service, they can never assume they have achieved the highest level. There is always a higher level to strive for, and standing still squelches the pursuit of excellence. Either a firm continues to reach for higher service levels or it has abandoned the pursuit. There is no middle ground.

Most firms revolve around the desires and needs of their partners. For service-driven firms, just the opposite is true–not because these firms have partners who enjoy a higher sense of purpose, but because they have a higher sense of business smarts. For them, everything revolves around the client. And as you might expect, the benefits have a way of coming back to the partners. Consistently delivering increasingly higher levels of service to clients builds the types of returns that keep a firm thriving.

There is no quick and easy recipe for becoming a service-driven firm. There is no secret formula for meeting–and exceeding–your clients’ needs. But one of the best ways to find out how your firm can provide exceptional service for your clients is, strangely enough, one of the most frequently ignored: listening to what your clients need–being client-centric instead of firm-centric.

You may be convinced that your best clients have been attracted by the stature of your firm–by its size or its range of specialties. But the truth is that it’s not what you think you’re offering that counts, but rather what the clients are experiencing that matters most.

The Emotional Side

Providing a renowned level of service to clients requires paying attention and being sensitive to the emotional side of legal trouble.

Lawyers who pay attention to clients’ subjective experiences are able to expand the scope of legal and practical options available to their clients, which can result in the lawyers becoming better problem solvers.
Old marketing models were based on a number of false assumptions about what influences people’s decisions. Now that we know more about how the mind works, we have a unique opportunity to apply this knowledge to the goal of meeting our clients’ real needs as opposed to the needs we merely assume they have.
In our legal training, we are taught the paramount importance of words and logic. Even in the emotional setting of trial, most skilled attorneys–while highly attuned to the emotional reactions of juries–ultimately almost always rely on the persuasive power of logic, words and reason to win their cases.

Today, neuroscience is providing important insights into the ways people interpret information and the degree to which “thinking” is used to influence our decisions. Lawyers’ emphasis on words is based largely on the false assumption that most of our thinking takes place in our conscious minds. In fact, recent brain science research reveals that just the opposite is true: As much as 95 percent of our thinking actually takes place at the subconscious level.

Our memories, associations and emotions occur just below the surface of our awareness. In response to stimuli, our minds go busily to work at a staggering speed, networking, sharing, distributing, connecting, shuffling and reshuffling memories, images and thoughts before the first words of reaction ever leave our lips. Ironically, the words we speak are literally an afterthought.

How can this knowledge be applied to the way we communicate and deal with our clients? We would like to assume that clients, for the most part, make decisions deliberately and rationally. That is, that they consciously contemplate the relative merits of a choice, assign a value to each criterion and then convert this information into what we call a judgment. We’d certainly like to assume that’s how we make decisions ourselves! But the fact is, most decisions are made at the intuitive, emotional level.

Whether responding to an argument in the courtroom or to a firm’s marketing campaign, even the most intelligent people process their decisions below the surface of their conscious mind. In reality, words and logic have more to do with justifying a decision than forming the basis of one.

Consider how clients choose law firms. They may think they were led by logic–going with “a big firm” or choosing on the basis of a lawyer’s “professional demeanor,” but they are actually using their intuition to make a highly subjective -decision.

When attorneys learn to think emotionally, they will find new ways to communicate with their clients at the decision-making level. Therefore, providing a renowned level of service to clients means expanding the quality of personal attention given to the emotional side of problem solving. Lawyers who pay attention to clients’ subjective experiences are able to offer a wide scope of practical and legal options for their clients to consider.

“We see the same problems over and over again,” a partner in a small Cleveland practice explained. “When we know our clients are going through a painful time in their life, our job is often to help them connect the dots at a personal level. This requires us to think emotionally–to become more empathetic–so that we can get inside the minds of our clients. But the truth is, even in the context of law, a client’s decision process is driven more strongly by emotion than by any other single factor.”
Emotion is a stronger influence on the decision-making process, but words are not even a close second, although it’s a common assumption that we think in words.

While words play a central role in communicating thoughts, we rarely use them to think. Using words is just too slow, and language does not contain enough bandwidth to accommodate the complexity of our think-ing processes. Feelings can be both instantaneous and complex in ways that words cannot be.

The law firm that recognizes the important role emotions play in its clients’ decision-making process and adjusts its service accordingly will find new opportunities to provide clients with increasingly higher levels of service.

Knowledge Sharing

Professional service marketing is both knowledge intensive and relation-ship intensive. For law firms in particular, knowledge-sharing and relationship-building are two essential elements of providing quality legal counsel, and they need to work together. Developing client relationships comes from sharing knowledge in ways that build confidence and trust.
Unfortunately, many lawyers are reluctant to share their knowledge with clients. Some would rather create a shroud of mystery around their work, forcing clients to view them as indispensable–an especially effective technique for a lawyer who has already been successful in solving a prior legal problem for a client. However, this approach almost always results in clients feeling insecure and vulnerable, and it does not lead to the type of trust or loyalty that, in the long run, makes clients return.

Marketing is an empathetic process. It requires that lawyers step back and become observers in the lawyer-client relationship. In doing so, we must detach ourselves from our own views and old ways of thinking. For most of us, this requires a shift in perspective.

Neuroscientists tell us that our minds thrive on exploring new ways of thinking–seeing relationships between things we previously thought were unrelated and finding commonality between different disciplines such as language and the arts or science and philosophy.

The same can be said of the kind of shift in thinking required to connect emotions with marketing and marketing with identity. These new combinations are powerful and effective, but part of the challenge in us-ing them is to first get our minds around them.
The entire range of our thinking, the depth of our very perception, is said to shift when we challenge ourselves to understand the totality of something rather than just our narrow part of it.

Thinking is our forte as lawyers. But true mental strength depends on our willingness to understand different types of thinking on being able to shift and widen our perspectives and consider new approaches to problem solving.
Challenging our minds means breaking through the linear and narrow confines of our own categorical logic. We need to look beyond the world of opposites–things that are either true or false but never both. In short, we need to stop and take a fresh look at what we do and why we do it. If we hope to provide the kind of high-level service that will set us apart from our competition and create a new magnitude of client satisfaction, we need to see clients’ needs in ways we haven’t seen before.

This, of course, requires that we develop new ways of thinking. It means leaving our mental comfort zone–not a pleasant proposition for lawyers who have spent years learning how to think in that zone. Yet leaving it is essential if we are committed to the full range of the market-ing process.

Service Based on Character

Action that comes from one’s character is perceived as authentic and therefore predictable. Ideally, clients will come to know their lawyers as people who can be counted on under almost any circumstances. Lawyers who can be counted on to be responsible, attentive, caring, sensible, hon-est, hardworking and trustworthy will attract new clients and keep existing ones.
Developing a law firm based on these types of inspired values is what drives firm growth and fosters prosperity. However, character cannot be imposed from the outside. It must originate from the core of the firm’s leadership and grow outward. That’s why relationship building is so important to our work.

Many law firms balk at investing in education and personal development. Mentoring is too often limited to developing technical skills such as research and drafting. Developing lawyers’ communication and character-building skills has been devalued, and this reflects the degree of resignation and cynicism existing in our profession today. Ironically, the same firms that don’t value personal development wonder why they’re experiencing a staggering drop in client satisfaction.

The Trust Factor

Do clients see you as someone they trust? As someone who is honest with them and acts with integrity? Are you seen as someone who truly cares about their welfare?

What we do for our clients reveals not only our immediate intentions, but also our character.
Clients measure our service first and foremost–but not completely–by our actions. If our actions are perceived to arise naturally from our character, then we are perceived as sincere and trustworthy. If not, which all too often is the case, we can appear calculating and manipulative.

Clients trust their lawyers if they believe in the truth of the lawyers’ character. For lawyers to learn to serve from their character takes time, effort and a commitment to individual development. Despite popular opinion, character can be developed and learned, especially if it is en-forced by the firm’s culture and leadership. Thus, the term character building.
For most firms, however, developing communication skills in their lawyers is simply not a priority. In fact, some firms believe that it’s not necessary if they simply hire quality people.

“When we recruit, we look for young people who have a strong sense of purpose,” said a partner at an East Coast firm. “To our firm, this means maturity, manners and common sense. Sure, we want the brightest minds, but we refuse to compromise on character. We won’t give an of-fer unless we believe in our gut that person can truly grow into being a partner.”

Lawyers who are truly valued by their clients develop client relation-ships that grow into alliances. At the other end of the spectrum are lawyers who view their job as opening and closing files. They exist in a virtual dead zone–a place where the personal side of the client’s experience is not relevant, the client having been reduced to just another “fact” in a set of issues belonging to a file making up a unit of revenue.

Somewhere along the line, these lawyers have come to believe that as long as there is sufficient revenue flow, fixing and changing the exterior problems (applying the hammer) will be sufficient to keep declining service in check. In the meantime, the partners keep partnering and hope that no one notices that they don’t have a clue about where the firm is going or how it will end up.

Without a moral center, there can be no group intention or direction. Instead, there is just the “organization” operating on cruise control, applying superficial fixes to problematic contact points where service and performance have fallen to unacceptable levels.

Accountability

Consider what it means to be accountable to your clients. When clients put their trust in you, what does that mean specifically–to you and to your firm?

Accountability can be viewed as the process by which a firm either succeeds or fails to make and keep its promises. What types of promises? The types that come from the firm’s inspired values–those that originate from the moral center of the firm–the “V” spot.

One partner had a very clear sense of what his firm promises: “Our clients count on us to be dependable, honest and totally committed to their interests all the time, every time.”

Take the time to identify just three character traits that clients can count on your firm to deliver. As an experiment, list these traits on paper and ask a few other people at your firm to come up with their own list. You’ll be surprised at how the responses will vary from person to person.
Consider this: If a firm can’t agree on what its clients should expect, chances are, neither can its clients. This is exactly why a firm must define for itself what it means to be in the service of its clients. Only with a clear understanding of its inspired values can a firm hope to provide clients with a consistent experience of exceptional service that they will long remember.

Medical Records Retrieval for Law Firms

• MODERN MEDICAL RECORDS RETRIEVAL SERVICE – AUTOMATION, COMPLIANCE, SAVINGS

The modern Medical Records Retrieval (MRR) service is a combination of modern web-based technology and a rules-compliant outsource solution. Historically lawyers and their staff would have to set aside a portion of their time, often a lot of time, to capture necessary information for cases that involved medical records. It’s not that the process is complex. Quite the contrary, every attorney, paralegal, and litigation-support person knows exactly what needs to be done.

It may appear simple, but it is a very manually intensive process. Someone at the firm must acknowledge the need for the records. Necessary forms must be completed to ensure compliance with a myriad of laws (including HIPAA), which the firm and often the patient (who may or may not be the firm’s client) would need to initiate a request. Then, the firm must track the progress of the request, and eventually receive, review, and organize the results, or note that there were no medical records available related to the matter.

To support the business of running a law practice, sophisticated and affordable software tools include new client/business intake, workflow automation, and conflicts management. Vendors who provide early case assessment tools and e-discovery-based technology-assisted review have begun to offer solutions for small firm and solo practitioners. In this article, we will show you how you can improve productivity, lower costs, and better manage billing for MRR expenses.

How Medical Records Retrieval Services Work

Here’s how a typical MRR service works for a small firm/solo practice. One of the firm’s employees logs into a secure, encrypted website. He or she then submits an order outlining the patient’s information, the records being requested, and any other data necessary to complete the request. What happens next is truly a game-changing activity. Instead of the firm’s billable resources chasing record requests from hospitals, doctors, and other healthcare providers, they go back to doing other, productive work, while the MRR process self-executes, and eventually provides you with the requested information and documents or informs you that there were no responsive documents.

Questions Regarding MRR Services

The availability of MRR services presents all attorneys, but especially solo and small firms, with the following important questions:

• How do you start with an MRR service?

• How are the record requests processed?

• Is this process HIPAA-compliant?

• When and how am I alerted to the status of my requests?

• How do I distribute the costs/fees associated with outsourcing medical records retrieval?

Choosing Your MRR Provider

To reduce the risk of choosing the wrong MRR service, consider the following best practices:

1) Ensure that the MRR service can prove secure access to its website (and your records) via a login and password.

2) Understand the MRR service’s processes to ensure protection of privacy.

3) Understand its service level agreements, which explain their process and anticipated turnaround time.

4) Verify that the MRR service has experience with expediting record requests by requesting a list of reference clients.

5) Review the process by which you and/or your staff are notified of updates, including record availability or notice of “no record found.”

6) Ask for the MRR service’s price schedule, preferably in a format that will permit you to do an apples-to-apples comparison of the fees of other MRR services.

When possible, a dedicated MRR service is a better choice than a firm that offers a multitude of legal practice services of which records retrieval is only a small subset of their overall business.

Getting Started with the MRR Provider

Upon choosing your MRR provider, the steps to starting to work with the provider are straightforward and similar to those when signing up with any on-line type of service:

• The firm identifies the approved personnel who are authorized to access the secure system.

• A unique user ID is created for the firm at this time, with a strong password required for all future access.

• Often, this is also the time that billing information is provided, and thus a financial account with the firm and MRR is created for future invoicing.

• Each authorized person completes a new user profile and sign-on request. The user must provide email and phone contact information.

• It is the responsibility of the law firm to notify the MRR as soon as possible in the event that an existing authorized user should be removed from the access control. The MRR should remedy and respond as soon as the user access has been removed.

• While the use of the MRR site should be quite easy for most users with minimal training, additional site support generally is available from the MRR’s services personnel via phone or email request.

Safeguarding Privacy

No matter how beneficial the technology, the firm must ensure compliance of federal and state HIPAA guidelines and any ethical rules about maintaining client confidences. Therefore, they must ensure that the MRR service collects, hosts, and provides access to client(s) records while maintaining compliance with privacy guidelines. Note: This should be part of your due diligence when selecting a provider.

The MRR Service should comply with Federal and state privacy laws. MRR services should keep up to date with changing rules of privacy such as the HITECH Act.

MRR agreements should expressly state that no personally identifiable health information (PHI) can ever be used for non-business related activities such as marketing and/or sales lead generation.

Record Processing

Once you have chosen an MRR service and set up your account, obtaining medical records is relatively straight-forward:

• After you enter a request into the system, the MRR service creates an MRR record request connected to the unique ID of the requester (the specific user at your firm), and confirms receipt of the request via an email.

• A reviewer is assigned to assess the necessary actions to fulfill the request, and will notify the user of any questions regarding the record request. In some states, including California, an electronic request can be executed from the MRR service to the healthcare provider, eliminating the need for paper-based transaction.

• The provider then tracks the request, and conducts any follow-up communication by any means available, including email, telephone or in-person visits if necessary, to acquire clear copies of records requested.

• If the record is available and legible, it is scanned into the secure web-based system for access by the user. Otherwise, a “no record found” is annotated to the request, and communicated back to the user.

Communication Is Key

Nothing can be more frustrating to case management than waiting for needed information from a third party. The MRR service must not only forward the record request to the healthcare provider, but also must provide the firm an ongoing and timely response regarding status. Each record must be tracked in real-time with detailed notes from the MRR agents. The MRR service should send alerts if additional information is required, provide replies via email, and deliver the link to download and/or view completed requests as soon as the records become available. Again, during the selection process, you should ascertain the provider’s practices regarding communications, and include them in the contract.

Speed Is Critical Too

Obtaining the medical records timely is critical, whether to respond to discovery, to make or oppose a motion for summary judgment, to get an expert up to speed, or to settle a case. A reliable MRR service will offer a quick turnaround. They have the experience working with medical locations to obtain records faster than a law firm’s in-house staff. After all, a law firm staff member may encounter (or, in truth, may feel like they have gotten stuck with) the occasional medical record search, but the MRR service is a specialist in the process of collecting information, including “no records found.” So, the MRR service’s very job is obtaining medical records, and therefore will have the process down to a set of specific steps, and can support their clients via a web interface.

Relationships With Healthcare Providers

Sometimes hospitals, physicians’ offices, and other healthcare providers may treat the occasional request by an attorney for medical records as an inconvenience, not respond as quickly or perhaps as completely as the attorney or client would like. A smart MRR service will develop long-term relationships with healthcare providers and their staff to get the data needed promptly and efficiently. This will improve the quality of the document production, reduce its cost, and speed the process up.

Database Strength

Medical records often can be in a different location or city than the healthcare provider. For example, billing records for hospitals are usually in an offsite facility, sometimes in another state. With the advent of electronic records, more healthcare providers are centralizing their records offsite with the umbrella company of their medical group/hospital. Without the information on how and where to request records, in-house staff can waste valuable time sending requests to the wrong locations or having to spend the time to find out where to send the requests. A strong database on where and how to request records from healthcare providers therefore is key to save time, ensure complete result, and save money. MRR services have the incentive and the resources to develop such a database. Law firms, especially solos and small firms, do not.

In addition the importance on the database in requesting medical records, it is equally important on the production side. Virtually all medical records are produced in digital format. Records are typically available in PDF or TIFF file format, making them searchable by many document management systems – including on premise, cloud-based, web-based or hybrid systems. They are usually made available for download and/or viewing from virtually anywhere on any device that supports a secure micro-browser. The MRR service maintains the medical records for ongoing access by the user and any authorized personnel.

MRR Costs and other Considerations

The MRR service will charge you for their services. However, because the firm’s resources are freed up to work on activities that generate revenue for the firm, the costs of using an MRR service will be offset at least in part, and perhaps in full. In addition, depending on your fee arrangement with your client, the invoices from the MRR service may be directly billable back to the client or at least accounted for as a recoverable cost. (Many MRR services charge no monthly fees for having an account, and thus the firm only incur fees on a usage basis, which can then be charged to the cases for which they are required.)

Summary

While many firms may continue the “do-it-yourself” approach, solos and small firms should consider using an MRR service. In addition to the higher costs of installing and maintaining one’s own record management system, the soft costs and resource consumption make this a less favorable alternative. A qualified, experienced MRR service offers a cost effective, robust platform for processing, monitoring, and tracking medical records requests. Record management and processing is HIPAA-compliant, always available, and secure-which in-house processes may not be, with the attendant risks. Use of an MRR service does not require capital expense to leverage digitally filed and maintained medical records. Firm resources can be repurposed from tracking record requests to meaningful and fee-generating activities. Client satisfaction may improve as matters are able to be processed more efficiently, and firm business may increase. The results of using an MRR service are measureable and immediate. It’s literally a one-click quantum leap from manual, resource-heavy processes to a modern, digital, secure web based management for your practice.