Insinuation is a powerful tool.

Clients pick up on it. Especially at deposition. And some defense attorneys weaponize it.

The words are neutral: Who referred you to Dr. _________________?

It's the tone conveys the message: There's something seriously wrong with seeing a doctor recommended by your attorney.

We let our clients know that they should be matter of fact even about difficult subjects and they don't have to explain anything during deposition unless asked to explain.

But I've decided that isn't enough. Instead of pussy-footing around, we're going to start announcing it every time that we refer a client to a particular doctor.

[This strategy won't work for every firm. Some attorneys refer their clients to these horrible medico-legal outfits that run up huge liens and suggest every client needs a three level fusion.]

No question we're biased. We want to make sure that our clients are appropriately diagnosed, treated and make the best recovery possible. And we want to work with doctors who are communicative, honest and have enough work that they don't have an incentive to over-treat.

[What we don't want is clients struggling to manage their treatment, treating with providers out of convenience rather than competence, giving up on treatment, etc. That doesn't produce health-related results and drains value out of cases.]

And why shouldn't we be completely transparent about the referral? Because from whom do clients receive referrals if not from us? From neighbors, co-workers, bus-friends?

There's nothing wrong with making a referral after one good experience. But we have the benefit of interacting with 100s of clients who have recurring types of orthopedic and various degrees of brain injury.

That's a big sample of client/patient experiences. Based on the client feedback we have a pretty good idea which providers clients like, produce good results and step up at deposition, arbitration and trial.

So why wouldn't be sending clients to providers we know can help? Wouldn't it be irresponsible if we didn't provide feedback to a client in need?

We refer clients because we want to help. We should be proud that people in need come to us and we can point them in the right direction.

I'm too old for false-modesty. I'm going to start letting insurance companies and defense attorneys know that I care about our clients and I want to help them get better or at least as good as they can be after their injuries.

This all works on a stand-alone basis. But think about what it means in contrast to defendants and their insurance companies....

Do defendants ever do anything to try to fix the harm they've caused?

Do their insurance companies reach out to help the people they've injured?

If the insurance companies send an injured person to a doctor is it to provide treatment or to generate opinions designed to contain verdicts?

The questions are rhetorical. You know the answers. So will the jurors.