You might read the title and instantly have ideas about where this article is going. Your assumption may differ depending on whether you are a claims professional, attorney, expert witness, or Metallica aficionado. Ask yourself: What do you consider to be the key to success when working with an expert on claims litigation?
If we are saying that “nothing else matters,” are we saying there is only one thing that matters? In short, yes. We suggest that one singular element is a prerequisite to success. Without it, do not pass “Go,” do not collect $200. But with it, successful outcomes are achievable. Consider these principles of a good working relationship—and the common factor that underpins those principles.
Understand the Role
Let’s first consider the role of an expert in claims and litigation. Expert witnesses have specialized knowledge, training, experience, or education in a particular subject, field, or discipline. They provide opinions to claims professionals and attorneys to help navigate claims, are called upon to testify in court proceedings, and help the trier of fact, whether a judge or jury, under- stand complex technical or scientific issues.
Experts are generally not claims professionals or attorneys. They are outside contributors retained to support the client’s needs. While they may have some headline-worthy moments throughout the life of a case or in the courtroom, an expert truly only exists in a supporting role. Claims professionals and attorneys, who typically retain experts, drive the scope of work and provide direction for when and how to leverage experts in a case.
Set Expectations
There is a difference between collaboration and management, and this is a crucial point to recognize when retaining an expert. Collaboration implies working together, side-by-side. Management implies overseeing a task to completion. Expectations and needs for collaboration vs. management may differ depending on whether you are the claims professional, attorney, or expert in the relationship. When setting expectations:
- Set an objective. At the onset of a project, establish clear goals and expectations between all interested parties. Ensure no surprises by eliminating assumptions.
- Agree on Ways of Working. Each claims professional, attorney, and expert works differently. Use open and honest dialogue to clarify expectations and needs for communication between all interested parties. Establish a plan with clearly defined project goals, milestones, and deliverables; and agree on methods and manner of communications to ensure open and regular communications, and build mutual respect.
- Establish project goals. Mutually identify project objectives and responsibilities to foster and encourage collaboration among the team. Doing so reinforces the need for regular communication.
- Continued coordination. By keeping everyone informed about the progress of an assignment and expected outcomes, clients can regularly measure expectations, address problems, and resolve differences effectively to avoid typical pitfalls.
- Celebrate successes. Through acknowledging achievements, no matter how big or small, even amidst challenges, respect is established and maintained.
Maintain Professional Courtesy
After establishing a relationship, the focus turns to maintaining and nurturing it. When asked about the key to success at the start of this article, did communication, timeliness, or efficiency come to mind? These factors represent the minimum expectations between a claims professional, attorney, and expert.
Communication. Consider the 7-38-55 rule that suggests
a disproportionate influence between words, tone of voice, and body language. The actual words we use account for only 7% of how messages are perceived. We know it is hard work, but good communication is essential for all parties.
Timeliness. Timeliness in completing tasks is clean-cut. With experts, timely communication ensures informed decision- making and successful claim management. Being slow or late, no matter who you are in the equation, is unacceptable.
Efficiency. In the claims world, efficiency is essential given the rising costs of insurance defense. Efficiency focuses on achieving maximum productivity with minimal wasted effort. It is all about optimizing processes and minimizing inefficiencies. The use of efficient communication streamlines the overall claims and litigation process.
Communication is at the heart of all these basic and mini- mum expectations, which is no surprise. It is the primary driver of success and a primary driver of failure. Two-way commu- nication makes the difference in successful collaboration and management of experts.
What Else Do You Need?
We have established expectations; now, we explore several underlying principles that reinforce successful relationships: honesty, reliability, integrity, competence, and empathy. These five principles, individually and collectively, are pillars that foster successful collaboration and management of experts:
Honesty. This is a cornerstone in any relationship, personal and professional, including in the context of experts. It involves being truthful in our communications and actions, which fosters openness and transparency. When we are honest, we avoid deceit and manipulation. We feel more secure and confident in our interactions in open and honest environments because sincerity is expected and authentic. Honesty encourages honesty, and we should accept nothing less.
Reliability. Consistently delivering on promises and commitments is the epitome of reliability. Reliable individuals demonstrate follow-through, which builds confidence in their actions and intentions, especially from the client’s perspective. Reliability is shown over time through small, consistent actions like meeting deadlines, communicating, and listening. When we prioritize reliability, we create a sense of security for others, making it easier to engage openly and collaboratively in a team environment. Being a reliable leader for others yields success.
Integrity. When all members of a claims team act with integrity, we demonstrate that we are guided by a sense of right and wrong, which instills confidence in outsiders’ perceptions of us. We respond better to honest and principled people, especially when others witness consistency between words and actions. Integrity goes beyond avoiding dishonest behavior; it involves making difficult choices and standing by one’s ethical principles, even in challenging situations. When we advocate for professional integrity, we elevate our industry.
Competence. When we demonstrate skills and knowledge in our core competency, we earn the confidence of those around us. We witness those consistently delivering high-quality work, meeting individual expectations, and contributing to team success. They are inherently viewed in higher regard by their colleagues and leaders. Competence is an underlying necessity, as experts are relied upon to provide expert testimony regarding evidence and facts.
Empathy. Empathy has gained traction in leadership discussions and has become somewhat of a buzzword. In professional settings, empathetic leaders and colleagues actively listen, offer support, and acknowledge the challenges others face, which
cultivates a supportive culture. When we express empathy, we show that we care about others’ experiences, emotions, and perspectives, which fosters a deeper connection. Mastering empathy is vital for mitigating conflicts and creating an environment where people feel valued and respected.
Adherence to these principles can inspire others to do the same. Ignoring these principles can, too. If none of this surprised you, then that is a good sign. Still, we all benefit from a reminder.
Nothing Else Matters
Throughout this discussion, we’ve had one underlying theme, which has yet to be mentioned by name, and for which “nothing else matters” when working with experts. We started by emphasizing the importance of understanding the expert’s role. Then we tackled setting and maintaining expectations by focusing on communication, timeliness, and efficiency. Then we explored underlying principles: honesty, reliability, integrity, competence, and empathy. Now, consider all of these in the context of trust. Nothing else matters when working with experts. Consider this: Can you collaborate with or manage an expert without trust? No.
Trust matters most to everyone. Claims professionals and attorneys must trust that their expert is competent and honest. At the same time, a jury needs to trust that the expert on the stand has integrity and is credible. Consider the importance of trust when retaining an expert and how this trust improves the outcome of a claim. When there is trust between all parties, the relationship is stronger. And the likelihood of successful resolution is higher.
Building trust may be a daunting task for some. Remember that trust naturally emerges when the right people surround you, so trust your gut with whom you surround yourself (especially experts). Try regularly interacting with a collaborative mindset and include your experts to foster trust, which leads to more efficient management and greater collaboration. Be transparent and vulnerable through sharing openly about challenges, plans, and strategies; if you think in a collaborative (team) mindset, the team will watch out for others on the team. Trust is a cornerstone for developing successful working relationships, especially when collaborating and managing experts.
Rock on to all that summoned their inner Metallica and played the 90s power ballad, “Nothing Else Matters.” And bonus points to any that recall the lyrics, “Forever trusting who we are, and nothing else matters.”