Cases dismissed for lack of prosecution. Showing up for court harried, over-worked and unprepared. Preparing witnesses moments before the hearing. Withdrawing cases in an effort to judge shop. Conducting medical depositions without having reviewed the file. Performing inept cross-examinations that were not prepared in advance. Writing hurried briefs that do not accurately or cogently summarize the evidence. Selling out clients.
These are among the most common complaints about workers' compensation mills, where the lawyers are more interested in generating fees than representing their clients.
Attorneys should avoid presenting testimony from any witness who has not been prepared at least one day in advance and should prepare all questions in advance, including cross-examination. Medical testimony is most effective when the lawyer arranges all records in chronological order and forwards them to the physician well in advance of the deposition. Lawyers should prepare talking points for preparation of the doctor and discuss anticipated cross-examination. Too often attorneys at mills "wing it" rather than take these basic steps.
At some point you have to make a decision about whether you care about your client or about turning a quick buck. Unfortunately, lawyers at the legal mills care about one thing.