How not to start a settlement letter.

Ninety nine percent of all plaintiff settlement/mediation letters begin with an iteration of this paragraph:

Dear Defense Attorney/Insurance Adjuster.  As you know, this office represents X who was involved in an incident involving your client/insured Y that occurred on DATE.  This settlement/mediation letter outlines our client’s claims and proves not only that your client/insured was solely liable for the incident; but the nature and extent of the very serious damages and injuries suffered by X.  We have evaluated this claim and extend an offer for you to pay policy limits of AMOUNT within 30 days.  If you need further information, please feel free to contact us.  If you do not timely respond, we will file a lawsuit/proceed to trial.

Where did this standard salvo come from.

Who decided (many decades ago) that this unimaginative cookie cutter approach was the best way to start a negotiation - your client’s first salvo.

Our use of a pro forma intro is nothing but unexamined and habitual.  It is wholly superfluous since the insurance company and defense lawyer already know who you and your client are and why you are writing to them.   Yet it remains as popular now as it was in the 1980s when I was a defense lawyer and simply skipped to the last page to see the total amount sought.

Last week I was on the phone with Scott Carness a plaintiff attorney who is serving as settlement guardian ad litem in a case against Amazon.  To get him up to speed we had sent him a copy of the mediation letter.  He was chuckling about how he loved the intro and could hear my voice as he read it.  He quoted it verbatim:

This letter is provided to assist you and your clients in understanding how badly you will lose at trial if this case proceeds to jury verdict. If you haven’t greatly increased insurance reserves since Stritmatter Law appeared, now is the time. 

“Karen Koehler style,” he laughed.

Taking the time to imprint a (well written) settlement/mediation letter with the trial lawyer’s voice and persona separates you from the crowd and gives you extra credence with the defense and mediators.  It also reminds everyone that each client is unique in their human experience and not simply a data point. 

Photo of the Seattle version of me.