Pre-Litigation Attorney

Profile

The Attorney will work directly with our Personal Injury department, as well as Workers’ Compensation, and other departments within the Firm.  The Attorney will use professional concepts to resolve moderate to complex claims issues through negotiation, mediation, or court proceedings.  In addition, the Attorney will need to work independently and use judgment to prepare legal pleadings, motions, statements, trial briefs, etc., while coordinating and/or working jointly with supporting staff and pod members; participating in depositions; actively meeting with clients; and investigating cases while simultaneously handling up to 50 litigation files, in combination with 225 to 250 pre-litigation files.

 Primary duties/responsibilities include, but are not limited to:

• Oversee and manage approximately 225 to 250 pre-litigation matters with the assistance of the assigned case manager from inception to closure;
• Assist and direct case managers with day to day management of medical treatment of pre-litigation and litigation matters;
• Assist and direct investigation on all pre-litigation and litigation matters;
• Provide availability/”open door” policy for case managers to present questions on matters for attorney review and final approve;
• Assist case managers, as needed, in negotiating pre-litigation settlements;
• Evaluate potential and current matters for valuation purposes to aid in early resolution;
• Identify and retain medical experts and/or legal experts for each respective matter, as needed;
• Manage approximately up to 50 litigation matters, including all aspects of litigation from inception to closure;
• Supervise support staff, including a litigation secretary and two pre-litigation case managers;
• Maintain communication with client and staff through the course of the claim and litigation;
• Perform legal research on relevant issues during the pre-litigation process throughout the course of litigation;
• Prepare summons, complaints and other responsive pleadings for filing with the appropriate court;
• Propound and respond to written discovery;
• Draft meet and confer letters to opposing counsel regarding discovery issues;
• Prepare clients for depositions and other applicable hearings (i.e. minor’s compensation hearings);
• Take and defend depositions throughout the course of litigation;
• Prepare and respond to law and motion;
• Attend mediation and other court appearances;
• Arbitration and Trial preparation and appearance;
• Conduct monthly file reviews with each team member;
• Review and edit demands written by demand team;
• Responsible for participating in monthly file reviews with PI Managing Attorney(s);
• Responsible for overseeing liability investigations of all assigned PI matters;
• Responsible for the medical management of all assigned PI matters, including reviewing all medical reports and medical recommendations by treating medical providers;
• Must litigate to an award a minimum of three matters per year; and
• Other duties as assigned by Management.

Competencies/Skills:

• Active, acute knowledge of medical experts;
• Active, acute knowledge of legal experts;
• Active, acute knowledge of mediators, judges, arbitrators;
• Active knowledge of health insurance issues including Medi-Cal, Medi-Care, Kaiser, etc.;
• Active knowledge and ability to settle pre-litigation/litigation cases for full value;
• Ability to meet with "problematic" clients;
• Ability to determine need to file suit -- small claims, limited jurisdiction, unlimited jurisdiction;
• Ability and active knowledge to negotiate medical liens upon settlement or award;
• Ability to identify "high value" cases early on and coordinate with paralegals;
• Ability to identify "low value" cases and knowledge of when to drop/refer matter out;
• Active knowledge of statute deadlines;
• Availability to actively investigate a case -- go to scene; talk to witnesses; talk to doctors, etc.;
• Knowledge of government claim timelines/deadlines/statutes;
• Knowledge of worker's compensation timelines/deadlines/statutes for cross-over cases;
• Knowledge of Uninsured/Underinsured Motorist timelines/deadlines/statutes;
• Knowledge of Premises Liability cases and active knowledge of liability arguments, case development, etc.; and
• Computer skills such as MS Office, and on-line research tools such as LEXIS-NEXIS, West Law.

Qualifications:

• Juris Doctorate degree and current good standing with CA State bar is required;
• Minimum three (3) years of experience working in a Personal Injury law firm;
• Must possess excellent interpersonal and social skills;
• Must take initiative and demonstrate compassion for those requiring Personal Injury services;
• Excellent written and verbal communication skills;
• Must have good familiarity with Workers’ Compensation terminology; and
• Bilingual, fluent in English and Spanish, strongly preferred.

Company info

The Dominguez Firm