How to Market to Attorneys Handling COVID-19 Lawsuits

In your CLNC® business everything is marketing. This is true for attorneys handling COVID-19 cases. You can be the most knowledgeable and experienced about COVID-19, but you still have to locate and strategically market to attorneys handling these cases.

Types of Attorneys Handling COVID-19 Cases

COVID-19 is unique in that it touches a variety of types of legal cases, not just medical malpractice. The Certified Legal Nurse Consultant can choose to consult on specific types of COVID-19 cases or on the full variety of COVID-19 lawsuits.

The attorneys handling COVID-19 cases include:

  • Medical Malpractice.
  • General Negligence.
  • Products Liability.
  • Workers’ Compensation.
  • Workplace Safety.
  • Employment.
  • Criminal.

For an indepth presentation on the types of COVID-19 cases see The Role of the Certified Legal Nurse Consultant in COVID-19 Lawsuits.

Locate the Attorneys Handling COVID-19 Cases

There are numerous resources available to CLNC consultants for locating attorneys handling the myriad types of COVID-19 lawsuits.

The Internet

Use your preferred search engine to search attorneys handling COVID-19 cases. Try at least one second search engine to expand the results.

Research specific types of COVID-19 related lawsuits, not just the general term COVID-19 lawsuits. For each type of COVID-19 lawsuit you can search more specific terms. The more terms you search, the more attorneys you’ll locate. Sample search terms include:

COVID-19 Medical Malpractice Lawsuits

Sample search terms specific to COVID-19 medical malpractice lawsuits include:

  • COVID-19 lawsuits against hospitals.
  • COVID-19 lawsuits against nursing homes.
  • COVID-19 lawsuits against RNs.
  • COVID-19 lawsuits against MDs.
  • COVID-19 lawsuits for failing to administer remdesivir.
  • COVID-19 lawsuits related to PPE shortages.
  • COVID-19 lawsuits related to lack of preparedness.
  • COVID-19 lawsuits related to infection control.

COVID-19 General Negligence Lawsuits

Sample search terms specific to COVID-19 general negligence lawsuits include:

  • COVID-19 assisted living facility lawsuits.
  • COVID-19 prison lawsuits.
  • COVID-19 lawsuits against airlines.
  • COVID-19 lawsuits against cruise lines.
  • COVID-19 lawsuits against hotels.
  • COVID-19 lawsuits against casinos.
  • COVID-19 lawsuits against day care centers.
  • COVID-19 lawsuits against gyms.
  • COVID-19 lawsuits against nail salons.
  • COVID-19 lawsuits against hair salons.
  • COVID-19 lawsuits against bars.
  • COVID-19 lawsuits against restaurants.
  • COVID-19 lawsuits against massage therapists.
  • COVID-19 lawsuits against hair stylists.
  • COVID-19 lawsuits related to poor air quality.

COVID-19 Products Liability Lawsuits

Sample search terms specific to COVID-19 products liability lawsuits include:

  • COVID-19 products liability lawsuits related to defective and/or counterfeit PPE.
  • COVID-19 lawsuits for defective virus tests.
  • COVID-19 lawsuits for defective antibody tests.

COVID-19 Workers’ Compensation Lawsuits

You can also search COVID-19 workers’ compensation claims.

COVID-19 Lawsuits Related to Workplace Safety

Sample search terms specific to COVID-19 lawsuits related to workplace safety include:

  • COVID-19 meatpacking plant lawsuits.
  • Insert any type of workplace.

COVID-19 Employment Lawsuits

Sample search terms specific to COVID-19 employment lawsuits include:

  • COVID-19 wrongful termination lawsuits.
  • COVID-19 employment discrimination lawsuits.
  • COVID-19 constructive discharge lawsuits.

COVID-19 Criminal Lawsuits

Sample search terms specific to COVID-19 criminal lawsuits include:

  • COVID-19 criminal lawsuits involving fraud.
  • COVID-19 criminal lawsuits involving actions by regulatory agencies against corporations for failing to adhere to regulations.

As you search the Internet, identify attorneys advertising for potential COVID-19 plaintiffs. Attorneys also advertise on TV, billboards, radio, newspapers, etc. As you search the Internet, also identify attorneys writing and/or presenting on COVID-19 lawsuits and attorneys and law firms who have websites with substantive COVID-19 information and resources.

Referrals

Call or email your attorney-clients. Let them know you’re interested in consulting on COVID-19 cases. Your attorneys might already have COVID-19 cases. If not, ask – Who do you know who’s handling these cases?

Social Media

Post on your own social media page. Let your friends, family and colleagues do the marketing for you. Let them know you’re a CLNC consultant handling COVID-19 cases. Your connections know attorneys. By now we all know people who have been impacted by COVID-19. There are potential plaintiffs in your social media groups. They can tell their attorneys about you. Your connections know potential plaintiffs. They can tell their connections about you. In turn, those potential plaintiffs can tell their attorneys about you.

A sample post might look like this: I hope everyone is staying healthy. Many of you already know I consult with attorneys on medical malpractice and personal injury cases. I’m adding COVID-19 lawsuits to my business. If you know any attorneys handling COVID-19 cases (or any type of personal injury case), please share their contact information with me. Thanks for your support!

Note that the sample post is drafted to get the names of the attorneys so you can contact those attorneys directly. Avoid just asking connections to tell their attorney friends about you.

Certified Legal Nurse Consultants can be active in reputable COVID-19 groups. Not rant groups or misinformation groups, but groups interested in disseminating scientific information. Attorneys will potentially be searching for experts on the subject. All comments should set you up as a professional who is knowledgeable about and/or has experience with COVID-19 patients.

CLNC consultants can search for attorney groups that focus on COVID-19. Comments you write should highlight your knowledge and expertise. Be professional and build trust.

Networking

Use the same strategies you use for any type of attorney. We all have connections. You want to tap into them.

Legal Associations (Local, State and National)

Research the association’s website. A lot of information may be restricted to members. Inquire about an associate membership. If you’re an associate member you’ll be able to access more information and even attend certain meetings. Network at the meetings and pay attention to who’s presenting on COVID-19 lawsuits, who’s talking about it and who’s handling these cases.

Exhibit at legal conferences sponsored by legal associations. Be on the lookout for attorneys handling COVID-19 cases, but don’t limit your marketing efforts to only those attorneys.

Media

Identify attorneys being featured by the media on COVID-19 lawsuits and legal issues.

Position You and Your Expertise for COVID-19 Cases

Become a COVID-19 expert. The more you know and can use to educate the attorney, the more valuable a resource you will be and will be perceived to be.

One CLNC consultant who consults on long term care (LTC) cases shared in May 2020 that she was already collecting research on COVID-19 in anticipation of the upcoming lawsuits. She doesn’t want to play catch-up when she gets her first case.

Develop Your Unique Selling Position (USP) Specific to COVID-19

Consider your specialty, years of experience, interface with the healthcare system, degrees and certifications and CLNC experience.

Specialty

Be specific regarding how your specialty applies to COVID-19 cases.

Focused USP example – I have 10 years’ critical care experience and have been on the frontlines treating COVID-19 patients since the beginning of the pandemic. Because I’ve been on the frontlines treating the most critically ill COVID-19 patients, I am uniquely qualified to assess any type (or be specific) of COVID-19 case. I can also save you time and money by screening cases that don’t need to go to expensive medical experts.

General USP example with no COVID experience – I have 10 years’ experience in a variety of specialties including medical-surgical, orthopedics and psychiatric nursing. My experience qualifies me to assess any type (or be specific) of COVID-19 case. I also have access to frontline COVID-19 RNs and MDs who are available to testify.

Note, if you don’t have specific COVID-19 experience, you know the attorney is going to need experts. The ability to locate qualified experts becomes an important USP.

Focused USP example – I have 15 years’ experience in long term care. I am an expert on COVID-19, especially issues related to infection control and a COVID-19 preparedness plan. My experience qualifies me to screen and develop any type of COVID-19 nursing home and assisted living facility case.

Note how preparedness and infection control are emphasized. This lets the attorney know you understand the issues in COVID-19 cases. It’s not enough to say you have LTC experience. With your USP – focus on the best part of you and the part of you that is most relevant to COVID-19.

Years of Experience

Add this to your specialty USP. Avoid including the years of experience if your experience is limited. For example, if you only have 2 years’ experience, why highlight that fact for the attorney?

Interface with the Healthcare System

Explain how your interface with the healthcare system is relevant and beneficial to the attorney. Interfaces include:

  • Clinical – The USP is that you’re on the frontlines of COVID-19. See the USP examples under Specialty.
  • Administration and management – USP example – As a hospital administrator for the ICU (or emergency or LTC) I can address all of the issues the clinical nurses at the bedside can, plus issues a clinical nurse cannot, such as the COVID-19 preparedness plan, infection control for the entire facility, staffing and delegation.
  • Nursing education – USP example – As a nurse educator for 10 years, I had to quickly adapt the treatment of COVID-19 into the nursing curriculum. I also have the teaching and speaking skills to translate this complicated disease into layman’s terms so any juror can fully understand it.
  • Research – USP example – As a nurse researcher for 5 years (or as a master’s prepared nurse), I am an expert on researching the COVID-19 standards, which are evolving in real time. I’m also an expert on evaluating the validity and reliability of medical research studies.

    Research is happening so fast there are bound to be flaws.

  • Informatics – USP example – As an informatics specialist for 3 years, I’m an expert on the complicated electronic medical record (EMR) systems. COVID-19 patients are often hospitalized for three weeks or longer and have very complicated hospital courses. As an EMR expert, I can quickly screen the voluminous and complicated medical records and identify whether the case is meritorious. This helps you avoid sending non-meritorious cases to expensive medical experts.
  • Risk management or quality review – USP example – I have 25 years’ clinical, risk management and QA experience. I’ve reviewed thousands of medical records in every specialty which qualifies me to quickly screen cases, identify key issues, define and research applicable standards and develop case reports for COVID-19 cases.
  • Case management – USP example – I have 5 years’ case management experience. I’ve reviewed thousands of medical records in every specialty which qualifies me to quickly screen cases, identify key issues, define and research applicable standards and develop case reports for COVID-19 cases.
  • Advanced practice – USP example – I have 5 years’ experience as an advanced nurse practitioner which qualifies me to develop the medical, as well as nursing issues in your COVID-19 cases.

Degrees and Certifications

Incorporate advanced degrees and certifications into your USP. USP example – I’m certified in emergency nursing (or other specialty) through the Board of Certification for Emergency Nursing. Certification demonstrates advanced and specialized knowledge and skills which uniquely qualifies me to consult on your COVID-19 cases.

You’re letting the attorney know you’ve gone above and beyond within your nursing specialty.

CLNC® Experience

If you have legal nurse consulting experience, emphasize this fact in your USP. USP example – I’ve been consulting with attorneys for 5 years and have reviewed hundreds of cases. I can quickly screen cases, identify key issues, define and research applicable standards and develop case reports for COVID-19 cases. Plus, I have access to RNs and MDs who were on the frontlines of the COVID-19 pandemic and who are willing to serve as testifying experts.

Incorporate Your USP Into Everything

You’ve developed your USP, now you want to incorporate your USP into everything. Everything is marketing and everything in marketing starts with your USP. Incorporate your USP into your:

  • Resume.
  • Letters of introduction.
  • Promo package.
  • Interviews (live and virtual).
  • NACLNC® Directory listing.
  • Letters of recommendation.
  • All marketing strategies including networking, social media, referral, exhibiting, advertising and direct mail and email marketing.

Incorporate marketing principles you’ve learned in the CLNC Certification Program including the Module Successful Interview Techniques and the Module Developing a Marketing Strategy for Your CLNC Business. Also incorporate the marketing principles you’ve learned in the Marketing Apprenticeship for Certified Legal Nurse Consultant.

Develop and Implement a COVID-19 Marketing Plan

Once you’ve located attorneys handling COVID-19 cases and positioned you and your expertise, you will want to develop and implement a COVID-19 marketing plan.

Decide Which Strategies You Will Implement

Systemize each strategy. Don’t use a haphazard approach. For example, if you use social media, don’t post only one time in social media. Post a new comment once a month to remind your connections you consult on COVID-19 cases.

Track Effectiveness

Repeat what’s working. Assess which strategies are outperforming all of the others. For example, if you’re getting a lot of referrals from attorney-clients, keep seeking those referrals.

Model for Communicating to Attorney-Prospects

Use these key components of communication, whether you’re sending a letter of introduction or interviewing live with an attorney.

Briefly Introduce Yourself as a Certified Legal Nurse Consultant

Focus on the attorney and customize the message to demonstrate you know who the attorney is. Your introduction is a reflection of the attorney – not just you. Point out a connection between you and the attorney such as a networking contact, referral or research (news, website or social media).

Highlight Your COVID-19 USP and Nursing Expertise

Explain how your USP and professional experience relate to and will benefit this specific attorney on COVID-19 cases.

Customize Your USP to Market the Right CLNC® Services to the Right Attorney

Research the specific types of COVID-19 cases the attorney handles and emphasize your relevant CLNC services. For example, emphasizing that you’re an expert on standards of care (SOC) with a medical malpractice attorney is relevant while SOC is not relevant to a general negligence attorney. Damages and causation are more relevant to the general negligence attorney.

Show Relevant Report Samples

Once you get your first COVID-19 case, turn it into a report sample so that the sample is more targeted to attorney-prospects handling COVID-19 cases.

List the CLNC® Services Relevant to This Specific Attorney

Reinforce the benefits of using your CLNC services. Customize services the attorney will be most responsive to. For example, if an attorney is struggling to locate testifying experts, offer to locate the necessary experts. If you only provide this one service, filling this gap opens the door for more CLNC services later.

Ask for the Case and Follow Up

Don’t be shy. Proactively ask for the case. If you don’t get a case follow up and, if you still don’t get a case, remember to ask, Who do you know who’s handling these cases?

Seize Both the COVID-19 and Non-COVID-19 Opportunities

If you want to be involved in COVID-19 cases it’s time to locate the attorneys handling COVID-19 cases, position you and your expertise for COVID-19 cases and develop and implement a COVID-19 marketing plan. Remember, once you develop a plan, if that plan takes you to a place you never intended, seize the non-COVID-19 opportunities as much as you would the COVID-19 opportunities.

Success is Yours! We look forward to hearing of your involvement in COVID-19 cases.

Go now to the presentation The Role of the Certified Legal Nurse Consultant in COVID-19 Lawsuits.

Published August 28, 2020.