Article by Dwayne Hermes published in the July 2016 Issue of the ABA Dispute Resolution Section’s E-Newsletter and in the June 2016 Issue of DBA Headnotes. The article describes how collaborative law strategies, traditionally found in the family law context, can be applied in the insurance defense practice to reduce defense cost and case life.

White paper presented by Dwayne Hermes through a panel discussion at the 2016 CLM Annual Conference. The discussion centered around how insurance carriers measure their own success and practical ways for defense firms to align their practices with those measures in a way that is mutually beneficial for the carrier and the law firm.

In the changing landscape of law practice—where law firm profits are threatened by such changes as increased pressure from clients to economize and the concomitant opportunities for clients to shop around for the most efficient lawyers—are there ways to change how things are done in law firms so that firms can provide more efficient and ethical service? This article suggests that an understanding of cognitive biases and basic behavioral economics will help law firms tweak their incentives and default rules to promote the improved delivery of legal services.