Monday, February 27, 2012

The offer was $15,000 and the verdict was $50,000.


Betsy Greene – 05’ TLC Grad – TLC Alumni List Serve – January 30, 2012:

I have Ron’s fire lit.  Please throw another log on the fire for Deb Walcott.  We will go to jury tomorrow. 

I have to give a shout out to my local group.  We had our first regular group meeting in Indianapolis Friday.  We had 6 TLC grads in attendance.   Gwen Truesdell, our newest Region 7 representative, joined us from Ohio.  It was so wonderful and I wish I could give you more details but I am in trial mode.  More details tomorrow.

I want to share what TLC has done for Debra Walcott. This was my law partner’s case.  Several months ago, we convened a group to work on the case.  We discovered the story by doing dramas.  We didn’t decide until a month ago that I would try the case with my partner, Fred. (Thanks Rafe)

I did a classic TLC Jack & Jill cross of the defense doctor.  We will see tomorrow if the jury gives me permission before I killed him.  He HATED the storybook cross. (Thanks Maren).

I worked on voir dire with the Indianapolis group.  What a gift!  I was able to try many different ways to “show them mine”.  (Some work on the horse snuck in there, too.) Fred and I spent the day at our client’s house preparing for direct.  I reversed roles with each juror before the trial.  (Thank you, Jude).

I felt great talking to the jury. Opening was like telling a story to friends.  Deb was wonderful on direct. I have already prepared my closing.  It actually prepared itself.  I knew Deb’s story inside and out. Deb doesn’t want a million dollars.  She will be ecstatic if, at the end of the day, her bills are paid.  She is a great person and went through three and half years of pain before a shoulder surgery finally gave her relief.  If this jury want to deny her, there is evidence that they could hang their hats on.  Because of TLC, Deb knows that we care and that we stood up and fought for her.  Phil posted something Joey wrote a few weeks ago and it resonated with me.  To paraphrase, when we take the time to know our clients and we believe in the fight, it isn’t what we say- it oozes out of us.  I have to believe that it counts.

We’ll find out tomorrow.

I love being a Warrior.  Betsy

Update - February 1, 2012:

We won.

The offer was $15,000 and the verdict was $50,000.  It was a tough case (causation, intervening injuries, soft tissue, little visible car damage) and we would not have won had we not done the work necessary to believe in Deb. My TLC group was a big part of this. I should feel better about this result.  We will be able to negotiate Deb's bills. She is much better off for fighting.  In talking with the jury (and focus group), it is discouraging to hear the deep rooted skepticism in these kind of cases.  Still, with all of the issues, I feel it wasn't fair and I know -because we talked to the jury-they brought a lot of stuff to deliberations that they shouldn't have (how much was she offered? Is she trying to get more?).  The people who were on our side did not stand up.  Somehow, I need to do this better.

Every minute I spent working on this case was well spent.  The method absolutely works. Since I have used the TLC methods, I have had consistently better results at trial. TLC work is essential.  Usually, I am trying the muddy cases and settling the good ones.  These are the cases that must be won to keep the insurance companies honest.  I will keep striving to fight better.

I neglected to mention in my previous e-mail that Cheryl Caenter shared Nelson Tyrone's focus group information with me.  She shared her adaptations as well.  It was great stuff. I wanted to try something completely new and different so I did. It was inexpensive, revealing, and forced me to break the case down to its essential elements.  Thanks Cheryl and Nelson.

Thanks to all of you for the fires.  It really means a lot.   

Love, Betsy
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