Our Strategy: Speedy and Cost-Effective Solutions

Foundational Question: “How can I deliver a great legal result for the least amount of legal fees?”   

When I submit my legal budget, one of my highest goals is “How can I bring this case in well UNDER my budget?” Yes, you read that correctly. That is one way I define a win for my clients! I look for solutions that will help solve the case as efficiently as possible, not for ways to spend every last billable penny. 

That’s how we do things at Cruser Mitchell. A Disruptive Mindset. And, it requires a unique Skill Set to execute. 

We look for “wins” in places where other lawyers might not look. It means thinking with great IMAGINATION. A term rarely, if ever, used to describe lawyers. Looking at the case beyond what’s written on the page. Leaning into negotiation and settlement options from every angle, and strategically and artfully working the room, so to speak. 

In my decades of lawyering, even with cases where getting a win seems impossible, I’ve learned there’s always a way to find a solution. Heck, at least 92% get settled and 1% go to trial and so, this is the industry’s truth. It amazes me how there are so many Dinosaur Lawyers out there finding roadblocks to resolve cases, yet once they bill, suddenly the roadblocks disappear and fall into the 92%.

Our strategy at Cruser Mitchell is to keep our billing low and the wins tally high. 

Finding imaginative and economical ways to solve cases is our day-in, day-out strategy at Cruser Mitchell.  

Let’s disrupt something.

Bill

I know how easy it is to become a Dinosaur Lawyer – because I almost became one. (Insert “Law & Order” “Ta-dum.”) This is my story.

Last month, I had the honor of winning the Claims and Litigation Management Alliance’s “Outside Counsel of the Year” award. Because I so appreciate this recognition from an organization I deeply respect, please indulge me for a few moments.

I didn’t have an opportunity to speak at the awards dinner, but if I had, I would’ve acknowledged the three top people who've greatly impacted my life: 

1. My incredible wife. She’s been “Mother of the Year” for 26 years running! 

2. My dear friend and business partner, Robb Cruser. Thank goodness his wisdom is enough for the two of us. 

3. The claims professional who changed my trajectory in this industry when I was a young lawyer.

Let me explain #3, which ties into the opening statement above about resolving cases WELL UNDER my legal budget.

In 1994, when I was a fifth-year lawyer, I met Charles Spencer of The Hartford. I was still green behind the ears and didn’t even deserve to have a client, but I was too naïve to know any better, so I asked him if he had any work for me. He politely turned me down. Time and time again.

After a year of me begging for work, Charles called with a proposal.

“I have a school liability program and a lawsuit involving the death of a child,” he said. “The school district has used the same lawyer for years, who wins pretty much every case on immunity grounds, but it always costs around $70,000.“

Charles continued: “The lawyer said this case is a winner on MSJ, and the budget is around $75,000, because there were multi-parties and there would be lots of depositions and documents that would need to be produced before we could file our motion.”

Finally, he revealed the reason for his call. “The lawyer now has a conflict. I am going to hire you. Here’s the deal: if you get rid of the case faster and cheaper than $75K, you’ll be my lawyer going forward.”

My first thought was, “Are you nuts, man?!”

Faster and cheaper?! Like all Dinosaur Lawyers, I had been trained to “Bill, bill, bill!” and this was the opposite of what I’d learned. Besides, how the hell was I supposed to get out of a case without discovery and a motion?  It was unconventional, if not impossible.

But I also knew if I was going to be a partner one day, I needed clients. So I took the assignment and promised I would deliver — with no idea how.

I’ll spare you the details, but within six weeks, using mostly honey and a little vinegar, I secured a voluntary dismissal from the plaintiff’s counsel. No depositions. No motions. No document production. And I billed $4,500.

My law firm’s response?

“You lost $70,000 in fees.”

But they were wrong. Charles kept his word, he and his colleagues sent me hundreds of cases, and I gave them the same commitment as before — I promised to deliver the best result for each case in the most economical and efficient way!

In the series of litigation management books I co-wrote with Robb Cruser and in our seminars, we tell the insurance industry to hire and train claims professionals and outside panel counsel with the “right Mindset and Skill Set.”  Decades ago, Charles Spencer planted the seed of having the right Mindset, and I was fortunate to realize I had the right Skill Set – negotiation prowess – which is why we recently wrote a book about negotiation, “The Disruptive Lawyer’s Little Black Book of Negotiation,” and also offer a seven-part negotiation training series.

Had Charles Spencer not given me a chance, I’d probably still be a Dinosaur Lawyer, doing things the old way instead of the right way. So, to my friend Charles who went on to become the risk manager for Volusia County, Florida, I would like to thank you for being such a visionary, and for giving me an opportunity I truly didn’t deserve.

25 years later, we’re still using this winning Disruptive Lawyer approach. Click this link to read how we once again triumphed over the Dinosaurs Lawyers!

The Disruptive Lawyer’s Tequila Corner

Margaritas are made a million different ways these days—they’re made with strawberries, mango, or other fruit, come spiked with jalapeño juice, and more. But really, if you’ve got lime juice and tequila on hand, you’ve got yourself a margarita in the making. 

In this recipe, there’s a slightly different twist: Instead of using plain old triple sec, it calls for Pierre Ferrand Curaçao, a brandy and French cognac-laced Curaçao that’s made with bitter orange peels from the island of the same name. Sure, it’s a little fancy, but it takes the old school, patio classic to a whole new level. 

Classic, Not-Too-Fancy Margaritas 

Makes one

1 ounce tequila (blanco)
1 ounce Pierre Ferrand Curaçao
1 ½ ounces lime juice
½ ounce simple syrup, optional
Limes, cut into wedges for serving
Salt

Rub the rim of your margarita glass with a lime wedge, dredge it in salt. Add ice. Set aside. 

Mix your tequila, Curaçao, and lime juice in a shaker. Taste, and add some simple syrup if you like your margaritas slightly sweet. Pour into the salt-rimmed glass with ice. Top with a lime wedge. Cheers!

Thanks for reading The Disruptive Lawyer’s Little Newsletter.

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