Become a Modern-Day Sherlock Holmes with the Use of Today's Technology
By Richard J. Schroeder
I first started out in the legal field as a claims adjuster assigned to the litigation unit for Liberty Mutual Insurance Company. A major part of my job in adjusting insurance claims was to investigate claims. Unfortunately, at that time, we did not have the Internet or World Wide Web to rely on for our investigations. Rather, we did it the old-fashioned way through time-intensive and laborious phone calls, on-site visits and letters.
Typically, this approach involved obtaining a Police Report, visiting the scene of the accident, contacting any potential witnesses interviewing the insured (the Defendant), and if the injured party was not represented, contacting them for a recorded statement. In addition, we obtained a report from the Chicago Index Bureau. Back in the '80s, this was probably the most sophisticated system available for documenting bodily injury claims made by an individual and access was limited to participating insurers. Today, insurance companies also rely on C.L.U.E. - the Comprehensive Loss Underwriting Exchange system - to identify any property losses/claims that an insured has had. This information can also be obtained online with your client's permission.
In the past, claims adjusters, like attorneys, also relied on private investigators to provide services for investigating virtually all certain aspects of a case. This typically involved taking photographs at the scene of a collision, contacting and interviewing witnesses and even contacting the at-fault driver to take a statement. While this approach was effective in the past and still may be necessary for investigating a case, today it is too archaic, expensive and time-consuming for the modern-day personal injury attorney.
The reality is that many attorneys today are simply not leveraging the power of the Internet in investigating their cases. Lawyers can take a 360-degree view of their entire case and investigate every aspect of it - right from their desk. Rest assured, the insurance company and their defense counsel are doing so, and most likely will know more about your client, the case, their insured/defendant, and any witnesses before the client even signs the retainer agreement.
To perform a 360-degree investigative view of cases, lawyers need to look at the following:
1. The Client
2. The Defendant
3. Case-specific issues (e.g., location, industry standards, manuals, vehicles, etc.)
4. Medical-related topics
5. The insurance company/defense attorney
6. Experts - both plaintiff and defense
7. The judge assigned
GETTING STARTED
Even lawyers who are computer novices can easily find a variety of information regarding various aspects of their cases by going to a few widely used websites. Sites such as Google ™ , Wikepedia™ , WebMD™ , and WhitePages.com™ can help you get started on any investigation.
INVESTIGATING THE CLIENT
Like physicians, lawyers should obtain a thorough history of all clients during the first meeting with them. Once the decision is made to accept the case, it is important to verify, as best we can, that the information the client has given us is as accurate as possible. In the first letter to the insurance company, I still ask both insurance companies (the No-Fault insurer and the liability insurer) for any and all documents from the Index System and the Chicago Index Bureau.
In some situations, I have found it is also helpful to perform a background search on my own client to determine whether there are any criminal matters pending or to obtain their past criminal record history. Most times, clients will be upfront and honest about their past run-ins with the law, but simply do not know what their current status is, or when or where past charges took place. Many are unable to articulate the formal name of the crime they pled guilty to or for which they were convicted. Websites, like Accurant™, are an excellent source to obtain a list of criminal case information. Accurant™ charges a small fee to obtain information regarding the client; but it is insignificant compared to the disastrous effects such information could have on your case if you are unaware of it. Minnesota also has a website where you can view civil and criminal public filings regarding your client or the Defendant[1].
The social networking websites, Myspace™ and Facebook™ , have recently increased their membership exponentially. It is vital to your client's case that you uncover at the initial meeting whether your client has a profile on Myspace or Facebook. Your client needs to be very careful as to the type of activities they brag about on these websites - especially if you are making the claim that your client's injuries have in any way prevented them from performing certain activities. In fact, I have recently had several instances where a client or defendant has posted on these sites. Twice, these postings have worked in my clients' favor, and in one instance - against them.
INVESTIGATING THE DEFENDANT
Many times, investigating the Defendant simply involves locating the individual so a lawsuit can be served. The Internet has a host of various websites that you can access to locate a Defendant.[2] Most of the sites are free or charge a minimal fee to verify the address of the Defendant or a witness. Compared to the old days of hiring an investigator to perform a skip trace, this type of investigation can be performed at any time by the attorney, the secretary/paralegal, or even a law clerk with just a few clicks of the mouse.
DISOVERING KEY FACTS AND INFORMATION
There are a variety of websites available for discovering facts and information specific to your particular case. For example, to view the site where a collision occurred, a detail map can be found on Google Earth™ . In addition, the various municipalities and the State of Minnesota can provide you with documentation regarding the numbers of collisions that have occurred at that intersection, the sequencing of a traffic light, and you can even obtain the 911 tapes specific to the date of a collision.
The Internet can also be used to locate information on industry and safety standards, products, recalls and other information regarding a product or piece of machinery. I was recently involved in a commercial vehicle collision where the defense was making the argument that their driver experienced "sudden and complete brake failure." As such, they were defending the case primarily on the testimony of their driver who indicated he experienced such a phenomenon. With just a few searches on the Internet, I found the service manual for this particular truck and ordered it online. (I had it within two days.) Once I obtained the service manual, I searched for brakes and learned it was virtually impossible for this truck to experience the alleged sudden and complete brake failure for a variety of reasons. First, the hydraulic brake system had a dual reservoir system prohibiting such a phenomenon. Also, I discovered the truck was equipped with a warning light and buzzer that would go off if the brake fluid had leaked out and reached a certain low point. During depositions, the defendant driver, owner and defense counsel had no idea where I was going with my line of questions until it was too late.
With just a few clicks of the mouse, I was able to order a service manual on the truck in question and defeat the Defendant's liability defense. In the past, I would have needed to contact the manufacturer directly to obtain the service manual, which would have been nearly impossible since the vehicle was vintage 1977, or I would have had to physically go from truck dealership to truck dealership hoping that someone would let me use their service manual to obtain this information. Even if I was able to find it at a dealership, I would have needed to talk them into photocopying it for me - which probably would not have gone over well once I told them who I was and what I was going to do with the information.
In another case involving a defective tire and rim, with just few searches on the Internet, we discovered that not only was there a recall of this product, but also the Consumer Product Safety Commission had issued various directives to the manufacturer. We also discovered warnings about the product on various retailers' websites. In addition, we were able to locate attorneys in other states that were currently handling similar claims. We then set up a mini list-serve for attorneys handling these claims. By sharing information and resources, including expert witnesses, we put our client's case in an excellent position to succeed with a settlement demand, at mediation or at trial. Twenty years ago, it would not have been this easy.
CONDUCTING MEDICAL RESEARCH
More than any other topic, the Internet probably provides the greatest ability to conduct research and obtain information online when it comes to medical-related questions. There are literally hundreds of medical websites that provide free information regarding various illnesses, conditions, surgeries, as well as the costs associated with them. Websites - from WebMD™ to the Mayo Clinic to Park Nicollet to MedicineNet™ - can provide the practitioner with an unlimited avenue of free information regarding virtually any condition, injury or problem involving their client. In addition, many of these websites have pictures, diagrams and descriptions of the procedures which can be very beneficial for use with settlement demands, at mediation or at trial. The information from these sites can then be used with your client's doctor or in cross-examining the defendant's doctor.
There are other ways to leverage medical-related research obtained online in the area of pharmacology. Many clients take over-the-counter or prescription pain medication. The risks and contra-indications of these medications are widely available on the Internet and can be used in arguing the harmful effects of taking these medications over a prolonged period of time. This information is invaluable when talking with your client's treating doctor as you can provide these articles and they can simply reference them when they testify or do a report.
LOOKING INTO THE INSURANCE COMPANY AND DEFENSE ATTORNEY
Over the years, many insurance companies have found themselves involved in bad faith litigation or embroiled in litigation with insurance commissioners in various states. In the past, the only way to discover this information was to know an attorney in another state or belong to a national organization that could provide it. Today, every state has information on their website from the regulatory board or agency that regulates the conduct of insurance companies. Via the Internet, you can easily determine the status of a particular insurance company, including their registered agent for service of process. Search engines, such as Google™ , can locate a variety of articles regarding litigation pertaining to a specific insurance company.
It is also easier than ever before to look into the background and obtain information on the case's defense attorney. The first and most basic place is the attorney's own website. You can usually discover a variety of things from a firm's website regarding their individual attorneys, when they graduated, the types of cases they routinely handle, as well as their specific interests. Sometimes just knowing some personal information about the defense attorney, his/her background and hobbies, can help build a better working relationship during the handling of a case. You can also find out whether or not they regularly handle the type of case you are involved in, have published cases as well as any recent verdicts or decisions involving a particular attorney. List-serves, like the Minnesota Association of Justice's (MNAJ) and American Association of Justice (AAJ), are also invaluable in finding practical information regarding your adversary. In addition, reviewing the Minnesota Courts public access website regarding civil and criminal cases can provide more recent information regarding a case handled by your opponent.
KNOWING THE EXPERT WITNESSES
To perform a 360-degree investigation of a case, it is important to not only look at the defendant's expert witnesses, but also your own. Recently, several local doctors have had criminal charges brought against them or their licenses have been revoked. It does not matter whether it is the treating doctor or the defendant's expert witnesses, it is vital to know this information early on in the case. Learning this information at a deposition or trial would be disastrous. There are a variety of websites that provide basic information regarding medical experts; some charge a reasonable search fee for generating a report regarding the status of the liability expert or doctor. There are also free websites where doctors associated with a certain hospital provide free reports and patient surveys regarding that particular doctor, including the doctor's ranking/ratings and how he/she ranked overall with other doctors in that specialty.[3]
REVIEWING THE JUDGES
Finally, to fully represent your client, it is important and valuable to look into the judge assigned the case. You can obtain information on how judges rule or are likely to rule on an issue through the Minnesota Association for Justice List-Serve. Also, each county in the State of Minnesota has a website that lists their judges along with brief bios/background for each judge. By doing a general search of the judge's name and court venue, you can pull up a variety of cases the judge has ruled on, and more importantly, obtain names of attorneys involved in those cases.
BECOMING SHERLOCK HOLMES
In closing, today's fast-paced legal and business environment demands a more efficient and modern approach to serving our clients. With 24/7/365 access to the Internet and today's advanced technology, lawyers can quickly and easily obtain the information they need to thoroughly investigate all aspects of a case without wasting valuable time and money. Perhaps one could say that the web browser is today's magnifying glass, and every lawyer can - and should - use it to become a modern-day Sherlock Holmes. Watson would be very pleased.
