Academy of Chiropractic’s Doctors PI Program
From the Desk of :
Mark Studin DC, FASBE (C), DAAPM, DAAMLP
“2018 Lawyers Cold Calling Script”
In my career I have presented to over 200,000 lawyers, however I am currently only focusing on the last 4 years where I have been the “keynote speaker” for many trial lawyers and their associations nationally and part of my participation is not just presenting, but attending their meetings and learning. It is this interaction with lawyers when presenting, the 1000’s of classroom hours and reading the books, articles and case law rulings in the legal industry pertaining to personal injury that shapes what I share with you. It is also the reason that this program changes so often because in law, the “norm” is fluid and changes with every ruling in every court nationally.
You must understand that the insurance carriers create national policies on how they function to increase profits. This is inclusive, but not limited to the courts in how they make this happen. It is typical for a carrier to pick one state to “market test” their “latest and greatest” new program to increase profits. Should that be successful, the carriers then try to integrate that on a national basis and expand the successful programs into claim denials, DME tactics, court arguments and all other the reasons to “deny – delay – defend.”
A significant part of the carrier’s strategy is to propagate “deceptive defense rhetoric” on a repetitive basis in multiple platforms including the courtroom. This is no different than in politics when a politician tells either an outright lie or partial truth, but since it said so many times in so many way sand places with their surrogates supporting their position, the often end up winning an election because the electorate is not sophisticated enough to discern fact from fiction (sad but true in an environment where slogans are ruling the day).
The court room is similar in many ways to an ugly and dirty political battle. As an example, we have already proven that if your patient has pre-existing arthritis and has a traumatic event, that patients is susceptible to greater bodily injury with less force. This is a physiological fact supported by the scientific literature. However, “deceptive defense rhetoric” will be spun in court by defense lawyer who will argue that the Arthritis indicates that the injury is pre-existing and will submit a motion for summary judgment dismissal to the courts. To paraphrase, the defense lawyer will request from the courts to dismiss the case entirely because there’s Arthritis, while ignoring all other bodily injuries inclusive of multiple herniations with no bone spurs and high signal indicating recent trauma. Unfortunately, most judges nationally at the trial level have “drank the Kool-Aid” of this deceptive defense rhetoric and will grant a motion for dismissal on these cases to the lifelong detriment of the injured who can usually ill-afford future care.
It is for that reason you must educate the plaintiff attorneys on how to “Diffuse” this deceptive rhetoric so they can prevail in both overturning these motions and winning their cases based upon physiologically accurate opinions. This is the core of the current strategy in gaining relationships with attorneys. In the past, I believed that teaching the Colossus algorithms would “rule the day” and get attorneys to flock to our doctors. I was wrong.
There are two critical flaws in pushing the Colossus paradigm initially with attorneys. First, most don’t believe it’s real and those who do believe it’s real both don’t think it will affect them nor do they want to change how they do business. To those attorneys you appear as just another chiropractor “begging and pleading for new cases” and they would rather work with medical specialists because they don’t understand and aren’t willing to take their blinders off. Secondly, because there are too many “guru’s” in our profession professing to the average Dr. that you don’t have to do any work and only have this magical vehicle called a “Colossus compliant report” that lawyers have recently been inundated with promises of a “get rich quick paradigm” from those doctors and no longer want to hear that. They know it is bullcrap and IT IS!
Please understand that I think that Colossus is a very important piece of the puzzle, however it is a very small piece of the puzzle in both the overall scheme and in the eyes of the attorneys. In my extensive market research over the last 20 years, which has been confirmed over the last 2-3 months in dozens of states with lawyers I have presented to and/or consulted directly with, that overturning deceptive defense rhetoric is the most important component in a contemporary personal injury plaintiffs practice. This will help the attorney prevail from denials to IMEs to pre-trial motions and with Verdicts. These are all things that lawyers firmly believe in because they are all integral to the lawyer’s training and issues they contend with on a daily basis.
Therefore, our overwhelming emphasis to gain an audience with attorneys will be to focus on what they consider their most pressing issue; overturning deceptive defense rhetoric. The goal is not to gain an audience with the attorneys. That is simply the first step. The goal is to become their primary spine care provider with you being the first referral option for anything related to spine, with a healthy addition of extremity referrals. Should you gain an audience with the attorney and not have the requisite credentials verified by your CV you have a strong probability of becoming a “one and done.” I have, and continue to hold that having no relationship with an attorney is far superior than being a “one and done.” The latter will destroy your reputation that often persist the balance of your practice. It is too easy to become the solution for the lawyer and is simply and conclusively centered on your credentials and requisite knowledge base that those credentials carry.
This in part is why I am pushing you to become Primary Spine Care Qualified, Hospital Qualified and a Trauma Team Member. Those credentials are significant and are recognized by professional academia, which will also be acknowledged in an expert (Voir Dire, Frye or Daubert) hearing. Real credentials matter and I spend a significant portion of every day of my life ensuring that your credentials are up-to-date, real and meets the needs of the contemporary chiropractic – medical – legal practices to ensure your future success. The is what “future trends” means, expect it is happening right now!
COLD CALLING PROGRAM
1. You need to develop a database with the name, address and phone numbers of local personal injury attorneys
2. Pick your staff member who gives the best “phone” and have them call the staff of the lawyer.
3. When calling the attorneys office have your staff member identified themselves by saying “Hi this is Mary and I’m calling from Dr. Studin’s office, who am I speaking with?”
This step is critical because when you follow the next step with either an electronic or paper request, you will need to identify the person who gave permission to send the information and will help prevent you from being accused of and/or sued for either spam or unwanted faxes (part of the telephone communication privacy act).
4. Your staff then goes on to say “Again, I am calling from Dr. Studin’s office and we are right near your office. Dr. Studin has developed relationships with insurance carriers that (Lawyer’s name) and I work with daily and we now understand the carrier’s strategy through deceptive rhetoric to undermine YOUR cases. I would like to send over a brief explanation for you to give the lawyer to see if he wants more information and could I please have your fax number or email address to send it?”
The following letter should be sent either by email or fax. If it sent via fax, you must write across the top of the transmission: Sent with permission from your staff member Mary on November 16, 2017
There is a law that says you cannot send faxes without developing a relationship and a telephone conversation qualifies as a relationship according to what my lawyers determined in expensive research with the FCC. Therefore, you need to memorialize the permission in the fax to prevent a lawsuit for unwanted faxing and the language above should suffice. I am not a lawyer, but I hired a very expensive one and this was the determination that has been successful for years… Follow the game plan (Legal Disclaimer: and if you are not sure of the law, I suggest you hire a local lawyer to verify the process). I prefer faxing over email as it puts a piece of paper in the lawyer’s hand vs. an electronic message that can be dismissed easier. Doing both works also if you can get both the email and the fax numbers, but I wouldn’t push.
Please cut and paste the following to a Word document that is to be made to fit one page and then customize it to your practice. Should you need help on how to do this… DON’T CALL ME or MY STAFF…FIND AN 11-YEAR-OLD KID AND ASK THEM!!!!!
From the Desk of:
Mark Studin DC, FASBE(C), DAAPM, DAAMLP
123 Main Street, Stony Brook NY 11790
Dr. Mr. Schonfeld,
Thank you taking a moment to allow me to share what I have uncovered about the carrier’s tactics.
The carriers are using “Deceptive Defense Tactics” to:
1. Bolster DME improper reasoning “to reach a desired conclusion”
2. Support improper motions for summary dismissals with deceptive rhetoric on:
a. No damage crash = no injuries
b. All arthritis indicates injuries are pre-existing
c. Most herniations were present previously, but asymptomatic
d. All strain-sprain injuries are transient and not serious
3. Have defense experts render partial and misleading facts on testimony
4. Craft claim representatives “templated” denials
The carriers have hired “expert consultants” to craft these deceptive tactics that are engineered to influence judges and juries. The results; these tactics in conjunction with the Colossus algorithms have proven so successful that have emboldened them to deny claims at a more significant level and have your settlement offers continually spiral downwards.
I have been formally trained by experts that work both in the plaintiff and defense communities, along with having many of the carrier’s tactics and would like to share them with you. Part of diffusing the deceptive defense rhetoric is through scientific research that verifies the facts of your client’s injuries and I will be leaving much of that research with you and teach you how to use it.
I welcome sharing this with you and please appreciate that I am not soliciting you, nor will I be should we get together. I do however, look forward to creating an academic relationship as that is my goal.
Again, thank you for taking a few minutes to read this and I welcome your call or email to set up a 30-minute appointment to review this. I am amenable to do this over coffee (please note…I talk, you buy the coffee!!!), in your office or mine.
Mark Studin DC, FASBE(C), DAAMLP
Attachments: Dr. Studin’s CV (if emailed)
Follow the plan of what to do at the meeting by reviewing Section #5 “Lawyers and Medical Specialists Meetings & Communication, Consultation” #5. Also ensure that you have gone to the #12 “Educational Library” and prepare the following articles to support the specific issues in the above document:
#139 Strain/Spain Update/Ligaments Don’t Heal
#15 Arthritis and Accidents
#20 Arthritis and Whiplash
#144 Disc Injury Nomenclature
#133 Disc Herniation in an Asymptomatic Population
Although there are many more, this is where you should focus and ensure that you have acquired the research for each of these articles. Take the research and highlight the main ideas in the articles and be prepared to TEACH them to the lawyer in simplistic terms.
I also STRONGLY suggest bringing the book Evidenced Based Demonstrative Evidence of Bodily Injuries for Trauma (www.lulu.com and enter “studin” in the search) to show the lawyer and suggest to continually educate them. The entire process of getting the lawyer to agree is found in section #5, consultation #5.