I know what you’re thinking – typical defense lawyer trying to rack up the billable hours.  But just hear me out on this one.  There are incidents that warrant early counsel involvement.  These types of incidents fortunately do not happen every day, but they do happen.  The trick is to know which types of claims require counsel involvement sooner rather than later.

The following are a list of potentially high risk cases that likely warrant immediate, or at least early, defense attorney involvement:

Significant Property Damage.  This type of loss could include things such as a large fire, roof collapse, flooding, refrigeration shut-down with significant loss or any type of significant property damage where subrogation is anticipated.

Shooting.  Any shooting at your property that results in a customer injury should be investigated immediately by counsel as shootings tend to result in death or significant injuries.  Even if the shooting took place in the parking lot or sidewalk in front of your property, immediate attorney involvement is recommended if the injured customer and/or the shooter were on your property prior to the shooting.

Death.  Whenever a death occurs on your property, it should be handled as if it will result in litigation, unless it is absolutely clear that the death was purely medically related.

Significant Pharmacy Error.  This would include a pharmacy error involving a minor, resulting in a death or resulting in a significant injury.

Significant Injury to Customer.  This one requires more of a judgment call and a gut feeling.  Many experienced in-house attorneys and claims examiners have a gut feeling that certain claims will result in heated litigation.  Trust your instincts, especially when you learn that the customer has retained counsel within hours or days of the incident.

Early attorney involvement has the following benefits:

• All necessary evidence is preserved;
• Surveillance footage can be reviewed and preserved without delay;
• Timely notice can be provided to any potential liable third parties;
• Necessary experts can be retained;
• Inspections by potentially liable third parties can be conducted timely and with monitoring by counsel;
• Witness interviews take place quickly, allowing for better recollections;
• Lease documents and/or insurance policies can be reviewed and tender letters can be promptly issued;
• Document collection is easier and more thorough; and
• Attorney-client privilege and work product privilege can be utilized during the investigation.

Retaining an attorney soon after an incident takes place does not mean the attorney must remain on the clock until the case is fully resolved.  Instead, have a thorough and concise investigation completed and then close the file.  There is no reason to have counsel continue to monitor or report on a claim that is not yet in litigation.  The point of having counsel involved early is to conduct a proper investigation.  Once that is done, counsel is not needed again until a lawsuit is filed.

Know of any other times when an attorney should be retained quickly?  Or do you disagree with me?  Let me know.