By: James Mitchell Brown, Esq.
Every attorney wants more physician referrals. A few simple steps will help you increase the image you portray to doctors and eventually have them referring clients to you. If your practice is medical malpractice it gets more difficult but these steps will still help you obtain that occasional referral.
Let’s start with the most basic and obvious but most frequently overlooked aspect of attorney-physician relationships. Show them respect. Most physicians do not take Wednesdays off, belong to a country club and play golf. I have heard more times than I can keep track of how annoyed physicians are with lawyers when they call on aWednesday and say, “I thought you would be playing golf today.”
It is important to remember that as many attorneys as physicians play golf and belong to country clubs. Instead of a caustic opening to the phone call why not say, “Thank you for taking my call.”
One of the major problems damaging relationships between attorneys and physicians is the lack of communications. When I lecture to physicians one of my opening lines is always, “The biggest problem between physicians and attorneys is that neither will pick up the telephone and call the other. If you get a letter from an attorney and aren’t sure what is being asked , don’t assume they are asking you to lie about your patient; don’t assume they don’t know what type of treatment you have been providing your patient; don’t send a report that you think answers the questions that are in the letter. Pick up the phone, take two minutes to find out exactly what the attorney wants and then dictate the report.”
I have spoken at Grand Rounds for Orthopedic, Neurology, Neurosurgery, Cardiology and Psychiatry departments at the Case Western Reserve University Hospital and at the Cleveland Clinic. Each time the doctors brought letters from attorneys which were put on a projector for me to explain what the attorney was asking. Make your letters clear and explicit. Thank the physician for taking the time to help you help their patient, your client.
The next important step in marketing yourself to physicians will go a long way toward eventually having them refer patients to you. Introduce yourself to them as soon as you begin representing a claimant. A short letter saying who you are, what type of case you are representing their patient on, that you will be needing a copy of their records at some date in the future, a report may be needed, forms may be needed, their fees will be paid in accordance with state rules and you will appreciate their cooperation in helping you provide the best possible results for their patient.
Next comes the most important sentence and you have to adhere to it. Tell them that you will give them as much time as possible to prepare reports and forms. There are occasions when a court or administrative agency demands something at the last minute but you will do everything possible to avoid that happening on this case.
Most physicians never know the outcome of a legal matter in which they are involved. Their patient doesn’t tell them and neither does the lawyer.
Let’s start with the Social Security case. When you win, send a copy of the decision with a thank you note telling the physician on which pages their name is mentioned. To make it easier for them, highlight their name. They will know that the forms you asked them to complete were important; the decision was long and detailed; and it required significant skill on the attorney’s part to prove that their patient was disabled.
A few thank you letters will get them to know you are the expert. The doctor will understand that the requests you made were not busy work but are a necessary element to help their patient. Once you have sent a few decisions they will start sending you to their patients who need representation.
In the Workers’ Compensation claim you will follow the same rules. Some states require physician testimony while others only need forms or reports. Your thank you will depend upon the level of involvement they had. The thank you will never be forgotten.
This procedure is to be followed in all administrative cases. Veteran’s Disability, Vaccination Law, Medicaid or Medicare Part D appeals or any claim you are handling. Send a thank you with a copy of the decision.
In the personal injury case do not assume that the check you wrote for their report or testimony is thanks enough. In the eyes of the physician that is what you owe for being an attorney. The thank you note with a comment that their patient prevailed lets them know that their help was important to the outcome. Use your judgement as to whether or not to give them the monetary result.
Now for the finishing touch. Don’t stop with the thank you note. You are not done thanking them. It’s donation time. If the doctor was a rheumatologist, it’s time to send s donation to the Arthritis Foundation in their honor. If you send a $25 donation, the foundation sends a card to the physician saying that you made the donation. Now you’re not just another lawyer. You did something no lawyer has ever done. Do this a few times and that doctor will know your name when a patient needs an attorney. That physician will also tell other doctors about you. Your name begins to get around as an attorney who is different than what they “think” attorneys are like. As an added enhancement, when you send your donation, send your firm brochure with it (ACI can help write your brochure if you don’t have one). The health charity will put your brochure in its resource file and may tell someone to call you if they call needing an attorney.
When the referrals start coming from physicians, send a thank you note from the referral and another donation when the fee is earned.
You are still not done. Give the doctor a call after you have met their patient. Thank the doctor for the referral and ask if there is an association of physicians in her specialty. If so ask if they ever have an attorney speak at one of their meetings. Offer to be a speaker on your area of law and on physician-attorney relations.
If you are invited, encourage the doctors attending to bring any letters they have from attorneys that they have been hesitating to write reports on. You will be happy to help determine what the attorneys are actually asking.
What goes in your speech?
- If you don’t handle malpractice cases, ask them how many malpractice cases a year they think you handle. 0, 1-5, 6-10, more than 10. Make this a slide on your power point presentation. When they find out you don’t handle malpractice they like you already.
- The problem with doctors and lawyers is they don’t talk to each other. If you don’t understand my letter, pick up the phone and call me. Id I don’t understand your report or think you didn’t answer all my questions I should pick up the phone and call you.
- Here are the key words to always use in reports:
- Here are the key words to never use:
- Here is what you should expect from attorneys:
- Here is what attorneys should expect from you:
- Here are rules for (area of law, Social Security, Workers’ Compensation. VE, etc.):
Find out if there are grand rounds at the hospitals. Grand rounds in all hospitals are meetings of physicians to discuss interesting cases of the week. In all hospitals similar specialties meet together. In large hospitals they are held by specialty. If so, see if they ever have speakers. This is another place to make a presentation to physicians.
When the physicians put a face with your name you get the records and reports faster; they often call to make sure they cover everything you want; and you will start getting physician referrals.
After the speech, send a short note to each physician who attended telling them how much you enjoyed meeting them; that you will be happy to assist them in the future if they have any questions on forms – even if it isn’t one of your clients; that they can feel free to call you if they have any questions regarding letters they receive from other attorneys; and to talk to any of their patients to determine whether or not they need representation.
James Mitchell Brown is the nation’s leading consultant for contingency fee law firms. He consults on marketing plans; crisis management; business plans; office efficiency; buying and selling practices; retirement planning and most other issues regarding a practice.
Jim gave up being a sports writer to go to law school and has practiced law since 1973. He represented clients on auto accidents, worker’s compensation and social security cases until he sold his practice in 2003 due to health reasons. In his practice he was bringing in about 220 new clients every month. He started Attorney Consultant Inc. in 2004.
Jim has received several distinguished speakers awards from the Ohio Academy Of Trial Lawyers, the National Volunteer Of The Year from the National Arthritis Foundation for his lobbying efforts in having congress create a National Arthritis Institute and numerous other awards from Bar Associations and Civic Organizations.
You can purchase his book, “Marketing for the Contingency Fee Law Firm”, by going to www.attorneyconsultant.com
