Litigation Management Benefits to Defense Counsel

Benefits of Litigation Management Software to Defense Counsel

Future technology drives collaboration between claims teams and attorneys

According to the 2020 CLM Defense Counsel Study, there’s a distinct gap between outside counsels’ perceived performance levels and claims customers’ perception of their performance. Specifically on the customer side, only two percent stated they receive any metrics from their partner firms frequently. Likewise, few firms indicated receiving any claim performance data from their customers. Adding to that, most claims organizations are simply utilizing invoice data derived from e-billing systems to measure firm results, which provides little insight into actual litigation performance or outcomes.

It’s clear from the study that firms not only want to provide excellent value to their clients, but they also want a way to show and measure that value to ensure their relationships remains strong. Their claims customers want that information too, as choosing the right attorneys for specific types of cases can save significant costs and provide better outcomes. The missing piece here, both sides will agree, is data.

Snapshot of Current Litigation Management

As stated above, claims professionals and their defense counsel, either external or internal, have always worked toward the same goals—faster case resolution and better outcomes. However, reaching those goals is challenging for a number of reasons. The reliance on email and attachments as the default form of communication, the deviation of strategy as time goes on and cases evolve, and a claims organization’s reliance on e-billing and invoice review that provides only limited information about the case and most often, long after the fact, can all lead to a departure from positive outcomes.

But what if there was a way to circumnavigate those concerns, using technology to close those cases faster and with more favorable outcomes?

A Case for Technology

More and more insurers recognize the value that technology and data-driven decision-making can have on their businesses. For defense counsel who partner with insurers’ claims departments, the hope is that a renewed focus on litigation management is part of that increased interest in technology. Fortunately for both sides of the equation, there have been great advancements in collaborative litigation management technology.

For proof of an increased technology focus in the industry, look no further than the recent 2022 insurance industry outlook from Deloitte. Driven by the constant need to find new efficiencies, remain secure from cyberattacks, and support the continued transition toward hybrid schedules and remote workforces, Deloitte’s global survey respondents expect insurance technology budgets to rise nearly 14% in 2022. So how about technology for litigation management, and what are their benefits to defense counsel? Read on as we explore the topic further.

What are the Benefits of Litigation Management Software to Defense Counsel?

Increased and improved communication

Historically, defense counsel and claims organizations have worked in silos, with both parties longing for a more collaborative way to do business. A future with litigation management software can bring defense counsel and claims organizations together into a single platform, enhancing communication by reducing and focusing the channels in which they talk and pass critical case information. New litigation management solutions will virtually eliminate the need for one-off emails, attachments, phone calls, and text messages that create issues with storage and organization and ultimately must be migrated or re-entered into separate claims and accounts payable systems.

With new technology, like CaseGlide, attorneys and claims professionals can simply log in to the system, pull up the case record, enter pertinent case information, and attach the necessary documents. And since the system is cloud-based, attorneys can add those details and files from anywhere, at any time.

Improved reporting and key performance metrics

Proving one’s value to a partner organization has never been more important than it is today, but it’s also incredibly challenging, especially for outside defense counsel. While much of the insurance industry is built and relies on data analysis, litigation management has continued to lag behind, remaining bound to the practices of the past. But with the adoption of this new technology, that could become less and less of a problem, as more and more insurers incorporate structured data into litigation management.

We’ve written at length about structured data because it’s one of the foundational elements of the CaseGlide platform. We know that many of today’s defense firms are driven by data, and our solution can provide the historical context defense counsel can use to understand how they’re performing for their claims organization customers.

The CaseGlide system provides outside defense firms the ability to report on their results, better understand the key metrics that claims organizations use to track case outcomes and work more closely with their customers to deepen their relationship based on hard data.

“The CaseGlide system provides outside defense firms the ability to report on their results, better understand the key metrics that claims organizations use to track case outcomes and work more closely with their customers to deepen their relationship based on hard data.”

Better strategy alignment

Deviation from agreed upon case strategy can often happen as a litigated claim evolves. As stated above, utilizing archaic communication methods to manage a claim provides numerous opportunities for strategy to veer off track. Likewise, much time and effort is wasted as both defense counsel and claims professionals find themselves scrambling through email attachments and folders to understand a case’s status. Guardrails are needed to ensure all parties are on the same page and moving in sync toward an outcome that has been mutually agreed upon.

Litigation management software, like CaseGlide, provides a number of resources for both the claims team and defense counsel to agree upon case strategy and track activities and tasks, ensuring all parties are following the correct path to positive outcomes. Built in notifications for upcoming or past due tasks, tracking of stages and deliverables, and alerts for key events are all features of CaseGlide that help with strategic case alignment.

For instance, if the defense counsel and the claims organization agree to an acceptable settlement range early in the process, that amount gets entered into the case record within technology like CaseGlide. If a settlement offer is later entered that falls within that defined range, the litigation management system generates an alert to defense counsel to move to settle the case. This type of proactive direction leads to cases closing faster, money being saved on fees and indemnity, and an outcome that both defense counsel and the claims team were working toward.

“This type of proactive direction leads to cases closing faster, money being saved on fees and indemnity, and an outcome that both defense counsel and the claims team were working toward.”

Even the simple act of having the pre-defined case strategy in a collaborative, structured data system tied to the other case details will eliminate a ton of confusion between defense counsel and claims teams since the plan is never in question or needed to be dug out of an email file.

Clear workflows that are easy to follow

With so many moving parts, it’s not uncommon for cases to go cold while one party waits for direction from the other. And games of phone tag and buried emails only complicate and delay things further. We’ve already talked about how the future of litigation management exists in a world without emails, but what about the contents of those emails? Where will they migrate to?

With technology like CaseGlide, it’s within the predefined workflows that the insurer creates based on strategy, favorability, and exposure. This simple and convenient way to lay out the nuts and bolts of a case plan promotes strategic vision, resolution, and the clarity needed to get the job done effectively and efficiently.

Analytics on demand

Ask any defense attorney to make a list of nice-to-haves, and just about all of them would include the ability to quickly scan through case statuses via an intuitive dashboard. Unfortunately, that’s simply not an option for most defense attorneys who lose valuable time pulling up files for each individual case simply to get the latest lay of the land. But with CaseGlide in the mix, analytics and case statuses have never been more readily accessible.

In a recent article, real-time insights were highlighted as the most significant difference between CaseGlide and traditional e-billing solutions. Additionally, future data from the system will be analyzed and shared with just a few clicks of the mouse.

Final Thoughts on The Benefits of Litigation Management Software to Defense Counsel

The best creations are those that do something better/faster/easier than their predecessors, and that’s precisely the benefits defense attorneys will see with the addition of litigation management software like CaseGlide. Our system has helped defense counsel overcome obstacles historically associated with claims organizations, including working in disparate systems, and lacking in collaboration. The benefits and future of litigation management is clearer than ever before, and CaseGlide is leading the way.

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