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3 Certified Legal Nurse Consultants Describe the CLNC® Consultant’s Role at Trial

3 Certified Legal Nurse Consultants Describe the CLNC® Consultant’s Role at Trial

In this blog three veteran Certified Legal Nurse Consultants describe their role and how attorneys engage them during trial. They also describe the benefits to the attorney, strategies for trial preparation, how they sell the consulting expert services they offer during trials to attorneys and how participating in trials expands the professional relationships with their attorney-clients.

SUZANNE E. ARRAGG, BSN, RN, CDONA/LTC, CLNC

Describe the specific role you implement and how attorneys engage you during trial.

My role is to provide on-site references (sourcing the exhibits identified prior to trial) during witness and/or expert direct or cross examination.

What is the benefit to the attorney of using CLNC® consultants during trial?

I am able to communicate observations and recommend questions. When an opposing nurse expert completed her direct examination, I was able to speak directly with my attorney-client during a brief break and recommend questions to ask. The attorney commented, “You should have been a lawyer!” I laughed and said, “I love what I do.” I felt such gratitude for the compliment and remind myself each day to be the best I can be for my attorney-clients. Attending trial from beginning to end is the most gratifying experiencing. There is nothing like first-hand on-the-job CLNC training. No book can teach you what real-life experience can.

What strategies do you recommend for trial preparation as a consulting expert?

Coordinate your expertise and services with the attorney and paralegals. Having had reviewed and analyzed the medical records, you are the expert on the healthcare issues. Assist the attorney and paralegal team with identifying relevant medical records and in the preparation of demonstrative evidence. Make yourself available during trial. There may not be a need for you to be in attendance each day (unless of course the attorney requests your presence), but receiving daily trial updates through the paralegal or attorney will enable your preparedness.

What strategies should Certified Legal Nurse Consultants implement with attorneys to sell the consulting expert services they provide during trial?

When marketing your CLNC services to attorneys be sure to offer more than case screenings. Emphasize your ability to efficiently and thoroughly analyze medical records for standards of care. While medical causation is certainly important, there may be other pearls of information an average medical expert will miss. This is where the CLNC consultant can shine. During conversations with the attorney, provide specific examples of where your opinions have bolstered cases, driving huge outcomes. Speak to demonstrative evidence. As a clinician you have a unique perspective on how to educate the jury. Simplifying complex medical conditions is essential and often demonstrative evidence is referenced by the attorney during examination or cross examination of witnesses and experts and during closing arguments.

How has participating in trial expanded your relationship with your attorney-clients?

Over the years, I’ve received many referrals from attorney-clients. Word travels fast when you excel in your CLNC craft. Be willing to step outside your comfort zone and enjoy the wild ride.

DALE BARNES, RN, MSN, PhN, CLNC

Describe the specific role you implement and how attorneys engage you during trial.

I observe and take notes that will benefit my attorney-client later. In one trial I was working for the defense attorney. This case was about an alleged injury from phlebotomy. I was sitting in back and noticed that the plaintiff (sitting in front of me) kept lifting his arm to fix his hair. He had claimed he could not move his arm that high. I went into the hall and recommended the attorney follow up on my observation. He did and the case was dismissed.

What is the benefit to the attorney of using CLNC® consultants during trial?

Just as in the incident described above, I am able to observe the players from the back of the courtroom and provide the attorney with pertinent information. Additionally, during breaks I can suggest more questions for the attorney to ask the witnesses. I also really enjoy recommending and providing demonstrative evidence to use in court.

What strategies do you recommend for trial preparation as a consulting expert?

Discuss the budget, provide demonstrative evidence and work with the attorney’s clients to prepare them for trial. Maintain strong communication with the attorney.

What strategies should Certified Legal Nurse Consultants implement with attorneys to sell the consulting expert services they provide during trial?

Communicate your CLNC services to attorneys, including expert location. Emphasize how using you at trial can take some of the pressure off of them. You’re concentrating on the medical aspects of the case, so the attorney can concentrate more on the legal strategies.

How has participating in trial expanded your relationship with your attorney-clients?

Being involved in the details of the trial bonds my relationship with the attorneys. They are so relieved and thankful that they have a partner who is a real expert involved in the trial preparation. I had one attorney-client tell me that the realization of what I was able to do for him in trial preparation ensured that he never wanted to do another trial without my involvement. He clearly saw me as more of a professional and he had more respect for me than ever before.

DORENE GOLDSTEIN, RNC, CLNC

Describe the specific role you implement and how attorneys engage you during trial.

A unique role I played in one case was to observe the jury and comment on my observations of them.

What is the benefit to the attorney of using CLNC® consultants during trial?

You get to be their eyes and ears when they are focused on other things. During side bars I noticed that the attorney would walk away from the judge’s bench either smiling or with no facial expression at all. I could tell by his expression if the side bar went his way or not. After I communicated this observation, he would leave the bench smiling whether the decision went his way or not.

What strategies do you recommend for trial preparation as a consulting expert?

Help your attorney to simplify terms and diagnoses for the jury.

What strategies should Certified Legal Nurse Consultants implement with attorneys to sell the consulting expert services they provide during trial?

Offer to sit in on a trial for one day (for free) and provide suggestions. They will see how valuable your information is and next time they will hire you to attend the trial.

How has participating in trial expanded your relationship with your attorney-clients?

They see me as a more valuable part of the litigation team.

Special thanks to Suzanne E. Arragg, BSN, RN, CDONA/LTC, CLNC, Dale Barnes, RN, MSN, PhN, CLNC and Dorene Goldstein, RNC, CLNC for describing the Certified Legal Nurse Consultant’s role at trial.

P.S. Comment and share your trial strategies as a CLNC consultant.

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*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.

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