We are a non-traditional defense firm, and that is what the industry needs now. How are we “non-traditional?” The traditional defense firm plays defense and rarely takes the offense. Our firm plays offense and rarely takes the defense. The traditional defense firm finds it easiest just to let the plaintiffs push the case at plaintiff’s pace and merely react to the plaintiff’s moves. We call this “playing not to lose” instead of “playing to win”- we play to win.
Playing to win means taking the ball and running with it from the moment the file comes in. We want all plaintiff attorneys to know when dealing with our firm that we are aggressive.
You’re probably wondering how our firm that claims to be different and aggressive is any different or more aggressive than the other firms that tout that ability. The bottom line is our “150 Day Evaluation”. Within 150 days of filing the answer to a complaint, we place an evaluation on the claim that 90% of the time does not change from then through trial. In fact, if anything changes in the “150 Day Evaluation” it is more likely to be lower during ongoing litigation instead of higher. For the 150 Day Evaluation we have to assume that plaintiff’s expert(s) will hold up reasonably well and the major part of their defenses will be figured out in discovery. Actually, what we’ve found is that often the plaintiff’s expert(s) and claims do not hold up well with an aggressive onslaught, and consequently we de-value the case when possible.
The key to our 150 Day Evaluation is our monthly “Status Report” on every file. The Status Reports are not only reviewed by you, but the senior partner on every file. If the Status Report does not project an aggressive and clear plan to finish everything needed for the 150 Day Evaluation then a brief, but unbilled, meeting occurs between the senior partner and the lead attorney on the file. We promise our Status Reports have meat on the bones – you will not see Status Reports stating “nothing new this time, we’ll update you again next month.” You can trust that our attorneys and our paralegals know the firm’s position on being aggressive and timely on the completion of the 150 Day Evaluation.
Let’s talk about saving you money. There’s another way we’re different than the other standard insurance defense firm-and this difference clearly saves you money. Our attorney fee rates are certainly not the cheapest, nor do we intend them to be. The old axiom of “you get what you pay for” certainly applies in the litigation arena as well. You’ll find our bills through the 150 Day Evaluation phase have quite reasonable totals. We do that by hiring the best and brightest litigation paralegals in the state and allow them to be the engineer that drives the train. They do not determine everything that needs to be done on the file leading up to the 150 Day Evaluation, but in the Initial Team Meeting on a file a game plan is agreed upon between the lead attorney, senior partner and paralegal and the paralegal works forward from that meeting pulling it all together. Our paralegals are just as bright and capable as our lawyers. Our cases are littered with recommendations and thoughts of the paralegal that made a difference in our files. We even have one case where the paralegal made a $15 million difference to the outcome of the case. The senior partner and lead attorney also deal with your file frequently, but only when necessary to get to that 150 Day Evaluation.
In the end, you have an evaluation within 150 days that you can count on to set reserves, or more importantly to make a settlement. We have no problem with our clients settling the cases early if there is no further need for us on that particular file. It may be counterintuitive but that type of aggressive defense work has caused a doubling in the volume of work at this firm over the past 5 years. Our clients appreciate us being a different defense firm.
Holden & Montejano was formed in 1998 by attorneys from two established Tulsa insurance defense firms. That merger produced a progressive law firm comprised of experienced members with diverse backgrounds. With the opening of an Oklahoma City office, the firm now provides statewide representation for its clients. Holden & Montejano specializes in insurance defense litigation of all types. We have extensive litigation experience in medical malpractice, products and premises liability, personal injury, employment, transportation, general casualty and commercial claims, as well as banking, condemnation and transactional work. Over the years, our firm attorneys have tried approximately 300 jury trials and handled extensive appellate practice cases in state and federal courts across the country, as well as in the United States Supreme Court.
Holden & Montejano recognizes that the legal profession is a service-oriented business and succeeds at providing prompt, responsive, professional and competent representation. Too often clients feel separated from the cases, which directly affects their professional reputations, financial resources and even the well being of their families. As such, the firm consistently achieves two goals: (1) the best and most cost-effective result for the client, and (2) informing the client at every stage in the defense of the case. We understand that regular case updates are critical to an insurer's evaluation of the case and whether determination of settlement is in order.
Holden & Montejano represents clients in the following areas: bad faith and first party claims, general casualty, business and commercial litigation, medical and professional malpractice, trucking accidents and liability, healthcare law, errors and omissions, nursing home litigation, employment and labor law, mass tort litigation, insurance and coverage litigation, products liability, negligence, environmental law, insurance coverage opinions, automobile negligence, condemnation cases, and transactional disputes. Our practice emphasizes early evaluation, cost effective risk management and evaluation, and prompt and consistent reporting. The members of the firm have handled national insurance litigation issues in federal and state courts ranging from the simplest claims to the most complex multiple party cases.
Holden & Montejano strongly encourages open lines of communication, not only between attorney and client but among attorneys in the firm as well. Joint effort, without duplication of time, fosters a comprehensive analysis of all issues and allows the attorneys to plan and implement long-term litigation strategies. Likewise, open communication permits flexibility that is critical to the client's involvement in the legal process and the favorable resolution of a dispute.
All attorneys, legal assistants, and secretaries at Holden & Montejano are critical components of our overall commitment to results and client service. By carefully focusing on certain practice areas under the general heading of insurance defense, we constantly meet our clients' needs efficiently, cost-effectively, and professionally. Our firm stresses continuity in its client relationships and attempts to have our clients consistently deal with the same attorney. There may be others involved from time to time, but the attorney who starts your case will normally be the primary contact. Our firm has found that our clients appreciate knowing who is on their case and that the job is in good hands. It is the combination of those factors that leads to lasting relationships and successful results. It is in the area of service that this firm excels and provides the most cost-effective defense available in the state. The following is the promise of our commitment we make to every client: