Mills, Boutiques, and Crazies—Meet Your Adversaries
Mark L. Rosen, Esquire
There are three types of plaintiffs’ firms. To know them is to know your adversaries.
The “Mill”
This type of firm hawks its services through two-page color advertisements in the phone book or on billboards and bus ads. Like automobile manufacturers, its profits are tied to steady, high-volume production and efficiency. Accordingly, it must generate a large number of small—to medium-sized malpractice and negligence cases that are relatively easy to handle. Lawsuits that become overly complicated or appear unprofitable are discarded.
The “Boutique”
This type of firm is highly selective. Its focus is on quality, not quantity. It calculates its odds of winning a lawsuit carefully, concentrating on a few big cases, spending its time wisely, and preparing intensively and meticulously. Because of its top-notch reputation, it receives most of its cases through attorney referrals. The firm assumes only risks that offer the possibility of big rewards.
The “Crazies” (No, these aren’t all attorneys!)
This type of firm has little or no business and doesn’t care about making money. Its attorneys are relatives of the injured patient and/or are lawyers with their own agendas. They simply have it out for you.
Asset-protection strategies work well when dealing with mills and boutiques: Their firms’ motivations are evident, and they will deal logically with the inherent strengths and weaknesses of medical malpractice cases. Crazies, however, will try to make your life as difficult as possible, if only because they can. When dealing with them, it’s critical that you structure your asset plan to provide maximum protection, even if you lose in court.