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Ideas in the Wild: How Jason Lazarus Is Helping Lawyers To Navigate Compliance In A Complicated Regulatory Environment

The regulatory landscape of the personal injury lawyer has become exceedingly complicated. Assisting clients with catastrophic disabilities now exposes lawyers personally to government recovery actions, damages, and malpractice risks.

It’s vital that a lawyer’s personal injury practice has a comprehensive plan for compliance when resolving cases if they want to protect themselves and their clients.

Jason Lazarus wrote The Art of Settlement to help lawyers navigate the complexities at settlement for catastrophic claims and provides them with the best course of action for each potential issue. As a nationally recognized settlement compliance expert, Jason shows how to address important ethical issues, navigate settlement planning concerns, preserve government benefits, and employ lien reduction strategies. I recently caught up with Jason to learn what inspired him to write the book and his favorite idea he shares with readers.

What happened that made you decide to write the book? What was the exact moment when you realized these ideas needed to get out there?

In 2016, I was involved in a serious crash when I was hit by a distracted driver while cycling. I realized that even though I had spent my entire work-life involved in the resolution of personal injury cases, I didn’t really understand what it all meant until I experienced it firsthand.

The issues that arise when a catastrophic injury case resolves are complicated, and I have spent the last twenty years helping lawyers navigate these issues. For most lawyers, it is an area that they don’t have expertise in, so they work with other lawyers like me who specialize in this area. I get so many questions every day about these issues that I felt like there was an opportunity to help fellow lawyers by giving them an essential roadmap.

This book educates trial attorneys about these issues so they can properly spot potential malpractice traps. It is a trial lawyers guide based upon my twenty years of experiences and being an expert in the field of settlement compliance.

What’s your favorite specific, actionable idea in the book?

My favorite actionable idea in the book is the concept of Consult, Advise, and Document (CAD). This simple acronym represents a principle related to most of the concepts the book dissects.

The idea behind it is the importance of consulting with competent experts related to the issues I cover in the book. These are highly specialized areas of the law that require extra training and knowledge to assist with. In a complicated regulatory landscape, it’s nearly impossible for lawyers who represent injury victims to navigate compliance issues without expert guidance.

In addition, advising clients about their options at settlement and how the choices they make will impact their future is an important part of the ethical responsibilities of a lawyer. Educating a client so they can make an informed decision about their options under the law is vital to closing a case compliantly. Lastly, documenting what was done and why it was done is a non-negotiable if you want to make sure you can close the file with confidence.

These principles apply to nearly every issue I discuss in the book.

What’s a story of how you’ve applied this lesson in your own life? What has this lesson done for you?

Evaluating a settlement and what is needed from planning to resolution of liens is something that I have learned firsthand from dealing with my own personal injury settlement.

The principles and issues laid out in the book were all things I had to consider when resolving my own personal injury case. Becoming intimately familiar with all the considerations on a personal level brought another level of understanding for me. Going through the entirety of the process from start to finish with my case gave me valuable insights into how to communicate all the lessons I have learned over the last twenty years in my profession.

Being able to apply these lessons in my own case to make sure I did the right things for myself was an invaluable exercise for me. I know that what I have learned over just the last few years since my case settled are things that every lawyer who works with injury victims can benefit from and is why I decided to write this book. I wanted to help other lawyers understand these topics and give them a resource guide for spotting issues.

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Zach Obront

Zach Obront

1.2K Followers

Co-Founder of Scribe, Bestselling Author of The Scribe Method