In today’s fast-paced legal environment, securing a “winning” report from medical experts often relies heavily on the initial communication — the advocacy letter. A common tool in the legal arsenal of attorneys and adjusters, these documents frequently form the first line of engagement between the medical field and the broader legal landscape. However, too many of these critical communications fall short in their composition and contextualisation.
A recent piece published by Laughlin, Falbo, Levy & Moresi LLP on JD Supra highlights the pitfalls of employing “form letters” in these instances. A generic approach, in other words, devoid of personalisation, specificity, and an insight into the medical standpoint, often results in a weak foundation for the attorney’s or adjuster’s case.
To craft an impactful advocacy letter, legal professionals need to adopt a strategic approach. Tailoring the communication efforts to the individual medical expert’s field and unique circumstances can ensure the conveyed information resonates at a higher level and leads to a robust expert report. Essential elements to consider while drafting these letters include:
- Relevance: Staying pertinent to the case at hand and the specific medical expert involved is non-negotiable. Legal professionals must wade through irrelevant details and maintain a sharp focus on the narrative that the medical expert needs to unravel and comprehend.
- Evidence Presentation: Any supporting evidence needs to be collated, organised, and summarised in a coherent and accessible manner. This avoids overwhelming the medical expert and keeps them engaged and interested.
- Critical Thinking: Rather than just collating data, the letter should also indicate potential relevance or implications of the provided evidence. This highlights the attorney or adjuster’s understanding of the medical issues in question and helps the medical expert in his/her evaluation.
In conclusion, while initial communications such as advocacy letters present an undeniable challenge, with careful crafting and strategic thinking, they can provide the basis for a “winning” report. A move away from generic “form letters” towards more tailored, strategic approaches will invariably yield more successful communications with medical experts, and ultimately, more robust legal representation.