073 Exceptional Lawyering

VERONICA: Hello and welcome to the house. Since lawyers in the house with Montlick on WSB and your girl, Veronica Waters, sitting in front of the mic for you bringing you another fabulous episode with Montlick injury attorneys.

JENNIFER: That’s fair.

VERONICA: I mean, it’s so uplifting, and it’s the kind of stuff that allows me to lose myself for a little while and feel good when I come away, you know, when I come away from it. Now, that being said, I am a big fan of Wonder Woman, love Wonder Woman.

JENNIFER: Aw.

VERONICA: I cried in the theater. I was I was in tears. It was it was so powerful. We can get into that, you know, on the on the social. OK, we don’t have to talk about that right now. But imagine my joy when Wonder Woman is not just her fierce, fabulous, fiery, amazing jaw-dropping self by herself, but when she’s on a team.

JENNIFER: Yeah.

VERONICA: So she’s with Superman and she’s with Batman and she’s with Cyborg and she’s with Aquaman and she’s with The Flash.

JENNIFER: Thanks for having me. And wow, what an introduction.

VERONICA: You know, I always say not all superheroes wear capes and you’ve had some amazing outcomes for your clients.

JENNIFER: Yes, we have. We have.

VERONICA: What was that honor that you had before top 10 best attorneys by the American Institute of Legal Counsel three years in a row?

JENNIFER: Yep. I had Rising Star in 2013, and now we’re 11 years later, so I’m no longer rising, I say.

VERONICA: Now you’re just a star.

JENNIFER: Yes, I’ve gotten a lot of accolades, and it’s wonderful, but it’s never as good as actually helping the client.

VERONICA: I remember that you feel something like this really personal, I don’t know, blossoming or this personal, these personal fireworks when you’re sitting down face-to-face with them.

JENNIFER: Yeah. Getting to hear someone’s story face-to-face and when they’re talking to you about something that’s really impacted their life or their family’s lives in a significant way.

VERONICA: You are licensed in several states.

JENNIFER:  I am actually.

VERONICA: So you see how the law changes from state to state, how things can be so different, how they can be so similar. Is that super challenging?

JENNIFER: It can be, actually.

JENNIFER: Yes. We have a team of lawyers. We have the support staff. We have the resources. We have everything we need to try to get those exceptional results for our clients. And not every place has that. And that’s something to look at when you’re looking at what firm you’re choosing. Montlick has enough support staff, enough resources so that we can do what needs to be done on every case to make it as successful as possible.

JENNIFER: Yeah. Some cases seem like it’s clear that they would be high value.

VERONICA: That is incredible. And what’s interesting to me is I know the case that you’re talking about. It’s funny how I never really think once my reporting on the story might be done, what’s happened.

VERONICA: All right, you can use my radio stories, folks. Give me another example of some case that seems very obvious.

JENNIFER: Sure.

VERONICA: As you said, a human life, you can’t put a number on it, but you know that that is a high value case because there is a lot lost there, not just time, but whatever that person may have been bringing into their household, that kind of thing. But not every case that you’re going to get is going to involve a fatality.

VERONICA: Yeah, it’s incredible. And so, some things seem very, very obvious. How is it that you know right away?

JENNIFER: So, it’s hard to know right away if someone needs surgery down the line because it depends on what their treatment is like. But there are several things that go into your value of a case. One of the important things is insurance limits and how much we have in insurance limits. And the other thing is your injury.

VERONICA: Right, right. All right.

JENNIFER: Yes.

VERONICA:  Okay. Does Montlick have a way to navigate those cases?

JENNIFER: Of course. So that’s where you really have to tap into your resources and support staff, and we need to use our resources wisely. I had a case and the person was a driver of a delivery type truck van. And someone came by and knocked off his side view mirror.

VERONICA: Okay.

VERONICA: What were they offering before ballpark?

JENNIFER: Less than $100,000.

VERONICA: Wow.

VERONICA: Sometimes it’s going to take going that extra mile. The depositions where you sit down and do a Q&A with everybody involved and really get the facts laid out, that kind of thing.

JENNIFER: Exactly, exactly.

JENNIFER: Ellen Forrester of our firm, I know she’s been on the show several times. VERONICA: We love her. We love Ellen.

JENNIFER: She had a case with minors involved in a product liability case involving a recreational type vehicle and they were in the back and they were significantly injured.

VERONICA: a specialist in metals. Metallurgist. OK.

JENNIFER: And they found it was improperly welded the roll bar. And that one wasn’t necessarily a win for us because they found some contraband in the vehicle as well that could have really damaged their case.

VERONICA: Wow. So, it doesn’t look like that’s not a thing where liability might be at play, but it’s the kind of thing that could definitely be argued. And yet you were still able to get a seven-figure judgment for those clients and to help those kids get well in their families. All right. Coming up on Lawyers in the House with Montlick, we’re going to talk a little bit more about what exceptional lawyering looks like and how Montlick adds value to cases, which may not come in the door looking quite so obviously big.

ANNOUNCER: Join us 8:00 a.m. every Sunday if you want to listen live on 95.5 WSB. VERONICA: All right, welcome back to the House. Lawyers in the House with Montlick on WSB, your girl, Veronica Waters, your girl Montlick Injury Attorney Jennifer Fleming. We’re talking today about exceptional lawyering and what that looks like.

JENNIFER: I say it’s someone that’s up to date on the laws, knows what they’re doing, has the resources to help you out and the support staff, you you really need to think about who you’re hiring the flashiest on, you know, a social media account doesn’t always equal the best for you. So, you really need to trust your gut. If something doesn’t feel right, it’s probably not right. And going back to people that are up to date on the law, laws are constantly changing, and you need a lawyer that’s in the know.

VERONICA: And bad faith can really turn a case from you know OK to mega wow.

JENNIFER: It can. Absolutely. And that’s really important.

VERONICA: We had a whole show, you guys, on bad faith. It was with Nathan and Bill.

JENNIFER: That was an excellent description.

VERONICA: That’s amazing. Listen, I don’t play a lawyer. Well, no, I’m not a lawyer, but I play one on the radio. Okay.

JENNIFER: Yeah. And the apportionment statute was changing too recently.

VERONICA: Thank you for explaining that.

JENNIFER: Yes, I’m sorry. And so, he needed to file suit quickly before that law changed to maximize the recovery for our client, and he was able to do so. But if you don’t have an attorney who’s up on the law or knows what’s happening, you can really jeopardize the value of your case.

VERONICA: All right. Quick question for you. You’ve talked a lot about knowing what the laws are.

JENNIFER: Trusting your gut does come into play. I mean, we have a knowledge of the law so we can trust our gut with the knowledge of the law. But yeah, I mean, I say as a client, you should definitely trust your gut too. Make sure you feel right with your lawyer. Again, if it looks cool on Instagram, but it doesn’t feel like they might be the best lawyer for you, then you need to trust your gut on that.

JENNIFER:  Right.

VERONICA: And you want somebody that you feel shares your values.

JENNIFER: Correct.

VERONICA: And has that sort of, you know, you can have fun on social media, but is this somebody that I really want handling my case or do I just want to party with them?

JENNIFER: Right. Are they professional?

VERONICA: All right. Jennifer Fleming, Montlick Injury Attorney here on Lawyers in the House with Montlick talking to me, Veronica Waters about exceptional lawyering coming up next. After the break, how to get high value in your case when somebody says you might be to blame.

ANNOUNCER: You’re listening to our podcast, Lawyers in the House with Montlick. Join us 8:00 a.m. every Sunday on 95.5 WSB.

VERONICA: Welcome back to lawyers in the house with Montlick  on WSB. I’m Veronica Waters here with Montlick Injury Attorney Jennifer Fleming talking about how exceptional lawyering with the folks at Montlick Injury Attorneys can land you high value for your case. It’s exceptional lawyering and the things that they have to know and do to do it are pretty incredible.

JENNIFER: I was asking if that were true.

VERONICA: It is absolutely 100% true. And I am not only a DC girl. Now, this doesn’t mean I did all the comic books. I don’t do the comic books. I don’t know anything about those. So, I don’t have these arguments like, well, that’s not how they did it in blah, blah, blah, whatever.

JENNIFER: Her cape is the wrong color.

VERONICA: Right, right. I just love the stories. I love it when the good guy wins.

JENNIFER: Yeah. I mean, we’ve had cases where it’s an uphill battle from the beginning, but you have to have a lawyer that’s going to take those on.

VERONICA: What?

JENNIFER: And her fiancé heard it over the phone and rushed home. He had to eventually shoot both of the dogs to get them off of her.

JENNIFER: So, she could have been deemed to have knowledge of that and voluntarily assumed the risk by living there. She didn’t leave. And another law firm may have turned that down because of those facts.

VERONICA: Wow.

JENNIFER: And it was a sad, sad story, but a difficult story also because you do think, OK, well, she was living there, but also, she’s so severely injured. It was just…

VERONICA: Did you get that pushback? Did they say, “Well, she knew who those dogs?”

JENNIFER: I did a little bit. But on the other hand, I’m saying this woman is just middle-aged and lost the complete use of her arm and now isn’t living with her fiancé, and you’re just going to let her suffer.

VERONICA: Yeah. That had to be wonderful when you were able to sit down with her. You know, going back to the first part of the show, when you were like, when you sit down with somebody and say, this is what you’re going home with.

JENNIFER: Yeah. I mean, there are people that you forever remember, and hers is one of them. And I have that case years ago. And I can picture her to this day. And I, yeah, I hold a special place in my heart for her and always wish the best for her.

JENNIFER: I’m sure she has the same feeling about you.

VERONICA: Let’s talk some more about some of our other favorite lawyers.

JENNIFER: Yes. Cate Powell.

VERONICA: Oh, Cate, yeah.

JENNIFER: She had a case where a woman was at a fast-food chain, and she slipped and fell by the beverage station, you know, where you get your soda and your ice. I guess there was some ice that had been melted. And that’s that’s a really hard area to keep clean. It’s hard to put on a restaurant, you know, especially if it’s a heavy traffic flow restaurant, you know, lunch rush, dinner rush, people are constantly in there getting their soda, getting their ice, and things are dropping on the floor.

VERONICA: Oh, wow, okay, okay.

JENNIFER: And they went to mediation, and they ended up walking out because the offer was so low.

VERONICA: Yeah. So, it occurs to me too. You were talking about that professionalism earlier, the cordiality, the reputation that you have. That judge knew that Cate and Montlick were serious.

VERONICA: And it’s really interesting when you think about it that this sort of he doesn’t have a dog in the fight.

JENNIFER: Right.

VERONICA: Right. He’s just right down the middle and goes in there and says, you guys are being ridiculous.

JENNIFER: That’s right.

VERONICA:You guys are being ridiculous. Give them what they’re asking for.

JENNIFER: Right. And a judge is great for that because as lawyers, we respect judges. I mean, they should be respected by clients and lawyers and everyone. And so, they are unbiased and they’re a great person to come in there and really try to get a case settled.

JENNIFER: Yeah, and just also that’s something that we’re constantly thinking about as lawyers is if we go in front of a jury, how will they view this?

VERONICA: Another dog bite case. Wow, these are big.

JENNIFER: And I love dogs. So, nothing wrong with the dogs, but sometimes they can be vicious.

VERONICA: Hello.

JENNIFER: They said that he allegedly pulled the dog’s tail. And he actually healed okay, which is great. His face was good. But Nick sent photos right after the attack to the insurance company, and he was able to get the full policy limits for, I think, about $300,000 on that because of sending the pictures from right after when the attack happened.

JENNIFER: Yeah, of course. And that could be completely traumatizing. And you could be afraid of dogs for the rest of your life.

VERONICA: For the rest of your life.

JENNIFER: I know. Yeah.

JENNIFER: There are a lot with disputed liability, and you have to make sure you hire an attorney that’s willing to take that on.

VERONICA:  Exactly.

JENNIFER: They find a nugget in a medical record somewhere and they hang their hat on that. But and you also have to, again, you have to have the forethought to think about what are the arguments going to be and how can I overcome that or what can I use to combat that to get the most for my client and what they deserve.

VERONICA: And whether or not that nugget is even justified or it’s just blowing smoke.

JENNIFER: Correct.

JENNIFER: but you know it’s actually not that big of an exaggeration. Things like that happen all the time. And I’ve said in front of a jury, you know, hey, everything they’re saying to you is smoke and mirrors. They’re saying, look over here to the right. And I’m saying, no, let’s look at the facts over here to the left. And yeah, you’re not far off. VERONICA: Wow. So do you have details about this thing?

JENNIFER: Right. It’s absolutely true.

JENNIFER: Right.

VEROICA: You know, it’s good for the family, but my God, what has been lost? It’s so true.

JENNIFER: And people don’t think about that when they see those types of advertisements. They don’t think about what does that mean for that person or their family. And it’s oftentimes very tragic and very sad. And of course, results vary depending on the facts of every single case.

VERONICA: Right. That’s a common.

JENNIFER: That’s a common one, right? And it’s literally every single case is different. You and I have even we could be the twins and have different anatomies in our own body and what we had before and what our injuries are. So yeah, it’s it’s tragic if you’re getting a lot for that client.

VERONICA: All right. Did you and Michael talk about any cases before you came in here?

VERONICA: What? Yeah. From a metal rod from a silo?

JENNIFER: Right. I mean, you could be lucky to be alive after something like that. That’s a big drop. He ended up needing surgery. And that could have been bad because had he heard them up there, he may have assumed the risk by just standing underneath there.

VERONICA: Wait a minute, how tall are silos honey?

JENNIFER: I mean, they’re pretty tall, but like if you know people are up there, you shouldn’t be backing yourself up against one and standing there. So, Michael was able to get him about $600,000. Thank goodness, again, he survived, but with a surgery. But that could have been a tricky situation. Like I said, again, if you know someone’s on top of a silo, you hear him, you see him. I think he had seen them, but didn’t fully hear where they were. And he was still standing there.

VEROICA: He was working? Was he making some sort of delivery?

VERONICA: How amazing, amazing must that be? Coming up on Lawyers in the House with Montlick, the Montlick closing argument. Don’t you miss it.

ANNOUNCER: You’re listening to our podcast, Lawyers in the House with Montlick. If you want to listen to our radio show live, you can hear it every Sunday, 8:00 a.m. on 95.5 WSB.

VERONICA: You are in the house with Montlick, Lawyers in the House with Montlick here on WSB.

JENNIFER: OK, today we have exceptional lawyering, exceptional results. How can you help maximize the value of your case? Help, help us help you.

VERONICA: Yeah, you can’t be exceptional if your client’s not cooperative.

JENNIFER: Correct. That’s very true. That’s very true. So, we need your help too as a client.

VERONICA: and take some pictures and take pictures from the scene.

JENNIFER: Again, especially if you’re not calling the police, but we’re not doing that. But take pictures at the scene right after the accident where your vehicles are still in the same position so that that cannot be used against you again later on if someone else changes their story. Very important to document that. We say it all the time, underinsured motorist.

JENNIFER: Make sure you have it underinsured motorist coverage. You need it. You need it. You need it. We cannot say it enough. You have no idea how many times people are hit by someone that is not insured. Please get underinsured motorist coverage. Be aware of the fact that we are not always going to give you good news. It is my job to give you all of the news, good or bad. I need to be honest with you and a good lawyer will be honest with you and upfront with you. With the pandemic, a lot of cases have been drawn out in getting to a jury and going to court.