A frank conversation about the issues at hand can go a long way in finding a resolution that satisfies the needs of both parties.
It can be tempting to elaborate on your position to opposing counsel in an e-mail, to ensure that you get your point across clearly and convincingly. However, in some cases, a phone call is all it takes to understand the other party’s position and to get a better grasp on what it will take to settle the file. A frank conversation about the issues at hand can go a long way in finding a resolution that satisfies the needs of both parties.
Insured or Witness
To understand facts of a certain complexity, and to get a good sense of the events surrounding the claim, it is very useful to talk directly to the insured or a witness. For instance, I was working on a file that involved the failure of a septic system. I read the file contents and reviewed documentation on the internet, yet reading could only take my understanding of septic systems so far. After a telephone conversation with our client, where he clarified some of the more technical aspects of the claim, I had a much clearer idea of what had transpired. Sometimes, that’s all it takes!
Of course, telephone calls are not always ideal, for reasons such as timing and availability for example. However, where possible, picking up the phone and getting right down to it can make our job a lot easier. As well, sometimes it’s simply more pleasant to have a chat with someone, rather than e-mailing back and forth. Just remember to keep a record of your conversations - see Aryeh’s post.