Insight

Insurance Defense Lawyers Aren’t Devils

Who is going to get the best settlement from an insurance defense lawyer? The lawyer who treats him as an evil, uncaring devil, or the lawyer who accepts him as a hard-working, fair lawyer trying to hold back payment to invalid claims while resolving valid claims in a reasonable way?

DB

Dean R. Brett

August 2, 2015 12:00 AM

I’m tired of hearing insurance defense lawyers described as devils: unethical, uncaring, evil, dedicated to destruction of valid claims and to refusing appropriate compensation for real injuries. I’ve been representing claimants in personal injury actions for more than forty years, and people who see insurance defense lawyers as devils just don’t understand the pressures they are under in the insurance claims process.

Unlike plaintiff attorneys, insurance defense attorneys don’t get to choose their clients. Our firm, which represents only plaintiffs, agrees to represent about one of every ten potential clients. These are cases of honest people who are seriously injured through no fault of their own. They are cases we can believe in. They are claimants we like. We get immense psychological rewards for helping out people who really need our help, putting their lives back together after an injury. Insurance defense lawyers don’t have that luxury. Most of them either work for an insurance company or for a law firm that is economically dependent on an insurance company. They don’t get to choose which people they represent.

Defense lawyers can get some joy, if you want to call it joy, from squashing the invalid claims of people who’ve convinced an inexperienced personal injury lawyer to take their case. However, most of those cases are handled by young insurance defense lawyers. Experienced insurance defense lawyers generally get stuck with cases involving significant damages where there is either clear liability or at least a well-founded liability dispute. They are stuck in a perpetual game of prevent defense, where success is preventing a runaway verdict or a settlement for more than the case is worth. When the verdict is in or the case is settled, the plaintiff lawyer, who is generally working on a contingency fee, has a payday and celebrates the victory with his vindicated client. The insurance defense lawyer just opens another file -- Sisyphus constantly re-rolling the rock up the hill.

And insurance defense lawyers aren’t all that well paid. They’re wage slaves. They work with an accountant from the insurance company constantly looking over their shoulder, arguing they should be charging less per hour and putting fewer hours into each case. When you’re billing by the hour, there is only so much income you can generate, because there are only so many hours in the day. It’s relatively easy for an insurance defense lawyer to earn an annual income in the low six digits. It’s very difficult to make much more unless he owns an insurance defense firm and hires lots of young associates to work for him, paying each of them slightly less than they are worth and billing the insurance company for slightly more than they are worth, collecting the difference in a massive pyramid. Although many young, inexperienced or part time plaintiffs’ lawyers make less than insurance defense counsel, most experienced plaintiffs lawyers make more ­­-- and insurance defense lawyers tend to resent it.

So if insurance defense lawyers are over worked, under paid and stuck representing people they don’t like and wouldn’t ordinarily choose -- why do they do it? One answer is that not everybody gets their first choice. Many insurance defense lawyers, after gaining experience, change sides and become plaintiffs’ lawyers; others can’t make that switch. They don’t have the entrepreneurial skill to build a personal injury practice, which requires the lawyer at the end of every successful case to find a new client. Finding a new client means meeting people, connecting with them on a human level, instilling a level of trust and confidence, and winning their loyalty through the long process of building a personal injury claim. Many of the people who do insurance defense work lack either the ability or the willingness to make those personal connections, the foundation for a thriving plaintiffs’ practice.

What insurance defense lawyers get instead is security. They work in a firm they don’t have to manage, and they’re given a constant supply of negligent clients to defend. They are not evil; they’re just stuck in a system that gives them security in exchange for avoiding the stresses, particularly those stresses dealing with obtaining new clients that plaintiff lawyers have to face. Many of them accept their lot, willingly and happily, focusing their lives outside the law, on their families and friends.

Over time, the best of them understand the system they are in, and accept their role by working in a symbiotic relationship with plaintiffs’ lawyers to fairly resolve the claims they’ve been assigned to defend. In short, they are not devils; they have just opted to play defense in an adversarial process that forces injured parties to hire plaintiff lawyers to obtain their goal: prompt, fair compensation for injuries they have suffered at the hands of a negligent stranger.

How then should a plaintiff lawyer approach an insurance defense lawyer?

I usually begin by trying to distinguish myself from plaintiff’s lawyers who see insurance defense lawyers as evil. I try to avoid fights about the tort system, the relative merits of plaintiff’s claims in general, or which side of that fight lawyers should take. I want the lawyer to know that I am cooperative, easy to work with, and a problem solver, that together we will resolve the claim in a reasonable way, taking into account the horrible injuries my client has suffered. I explain, in a jocular way, “It is not my job to make your life miserable -- I’m just here for the money!” I don’t want this to be a fight to determine who is the best lawyer, who has the biggest spleen, or who is the most dominant. I accept the fact that the insurance defense lawyer is just doing his job, and encourage him to do that job well by providing him all the information he needs to fully evaluate the claim and make a recommendation to his superior based on the serious risk the insurer faces at trial. I want to do everything I can to make the insurance defense lawyer look good to his superiors when he settles the case for a considerable sum, more than most similar cases, but less than could have happened had the case proceeded to trial based on the facts I have so helpfully provided.

If, as I argue, the insurance defense lawyer is underpaid, overworked, stuck defending random claims he does not choose and in whose merits he has no personal stake, and if he is focused on maintaining his secure position within the insurance claims hierarchy, why should I pick a personal fight? Why not instead defuse the animosity that sometimes occurs between the plaintiff and defense bar, and instead concentrate on presenting the facts that will distinguish my client’s valid claim from the others on his desk, helping him avoid the embarrassment that would occur should he risk proceeding to trial on such a well-documented, compelling claim against a honest straightforward lawyer with an excellent track record at trial.

Who is going to get the best settlement from an insurance defense lawyer? The lawyer who treats him as an evil, uncaring devil trying to deny every plaintiff the recovery he deserves, or the lawyer who accepts him as a hard-working, fair lawyer trying to hold back payment to invalid claims while resolving valid claims (like my client’s) in a reasonable way?

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Georgia Proposes Law Requiring Parental Consent for Minors on Social Media


by Gregory Sirico

With data collection on the rise, Georgia lawmakers are currently petitioning for Senate Bill 351, which would require a user's age before social media use.

Teenager with hood on using phone as notifications pop up

Colorado Attorney General Calls For Cannabis Reclassification


by Gregory Sirico

In this article, Best Lawyers highlights a recent call to action by the Colorado state attorney general, requesting a full drug reclassification of cannabis.

Cannabis buds sitting on a checkerboard tabletop

6 Ways a Lawyer Can Help You With Your Medical Malpractice Claim


by Adam Malone

If you believe you have a medical malpractice claim, contact an experienced medical malpractice lawyer. Read on to learn how they can help with your claim.

Doctor in white lab coat showing x-ray to patient in blue scrubs

An Employer’s Guidebook to Responding to Online Harassment


by Belle Harris and Brent Siler

Navigating online defamation against your business requires strategic responses. Two employment lawyers guide how to leverage contracts, understand social media limitations and the risks of legal action.

Image of person pushing giant phone with mouth and words coming out