A CONVERSATION WITH CRAWFORD KIRKPATRICK

Law Info:
Crawford, what distinguishes a good attorney from a mediocre one?

Crawford:  
There is a lot more to being an attorney than just knowing the law. An effective attorney needs to see the big picture and yet, when dealing with clients, get down to brass tacks. Some clients try to make mountains out of molehills, so a good attorney needs to determine the real problem and then find a solution. All clients deserve justice even though the law may be against their case.

Being good in front of a jury and having the ability to argue cases in favor of your client is paramount. People react differently to different people. A good attorney looks the jury in the eyes so they know that he or she is communicating with them.

It’s also extremely important that the attorney have integrity with the client. Knowledge of state laws is essential.

Law Info:  
What is your best strategy for relating to clients?

Crawford:  
An effective attorney must be an active listener going with a natural flow and legal analysis.I establish a good rapport with clients and gain their trust. Then, I like to find out the warts up front. That’s better than finding out later that the client doesn’t have as good a case as you thought. Also, a good attorney needs to return phone calls and, in general, make himself/herself available to clients. You need to be friendly with them, but not too friendly, because that takes away from the professional relationship you have.

Law Info:  
Why do some attorneys get a “bad rap”?

Crawford:  
Public perception of trial lawyers has deteriorated over the past 20 years and does not give the profession the respect it deserves. Litigators are not on the side of insurance companies; they’re on the client’s side.

In all fairness, some attorneys do not justly serve their clients; they serve themselves first. Some do a “bait and switch.” For instance, when prospective clients first come in, the senior partner meets with them, and then later hands them off to a junior attorney. Melinda and I don’t do that. We handle all the cases ourselves.

Also, some attorneys try to take on as many cases as possible so they can accumulate funds. Then they do not give enough information to the client until the 11^th hour. Unfortunately, certain attorneys don’t do their homework until the case is down to the wire.

Law Info:  
What percentage of your work comes from referrals?

Crawford:  
Most of it; we don’t advertise. In many cases, other attorneys refer us or physicians who treat patients with personal injury cases.

Law Info:  
Do you offer free consultations?

Crawford:  
Yes, we do. Sometimes you need to listen to information before you get to the meat-and-potatoes issues. If appropriate, we refer potential clients to other attorneys.

Law Info:  
What makes your law firm unique?

Crawford:  
My wife Melinda and I live and die with our clients. We make people feel special, and we give them personal service; we do not hand them off to junior partners or non-licensed staff. Melinda and I are the only attorneys on staff. We have two paralegals, one of whom is also our office manager.

We could have easily become a very large firm. When I got into Workers’ Compensation, nobody was doing it. I was offered partnerships with other firms so that we could grow together. At one time, I had four or five attorneys working for me. But, it seemed to me, that the more I had other attorneys handling the clients, the more I was unsatisfied with the quality of representation.

 If we take a client, we pursue his or her case all the way to a trial, if necessary. Once we took a case on taxes that went all the way up to the Supreme Court.

Before Melinda and I merged, she clerked for the Texas Supreme Court and was a partner in a very large personal injury firm. So, we have the expertise of a large law firm yet give the personal service of a small one.

LI:        
What do you think of Workers Compensation? Is it fair or unfair to the worker?

CK:       
In general, I believe that Workers Compensation is unfair; most people don’t get what they are due. Insurance companies have convinced their business clients that this is right. Insurance companies don’t want to pay, and businesses don’t want to accept responsibility for injured people.

The law doesn’t come close to compensating the severely injured worker. Large wage earners are affected the worst by disparity in what the law allows them to receive and what their true injuries are. I think that sadly the law is rigged in favor of the insurance companies. 

LI:        
What is the most difficult thing you have to deal with involving Workers Compensation?

CK:       
I have to deal with insurance companies who do not play fair, where they deny claims, and the system does not penalize them for that. They are able to deny a lot of claims even when it’s clear that they should pay them. The law has changed with bad faith cases; they’re not extinct, but they are rare. There is not a lot of downside to being an insurance company. Through a lot of lobbying and a lot of money, they  have changed the law in the state of Texas and really and truly, they still have a lot of money for persuading the law to favor them.

If we could just tweak the Workers Comp law this way, and that way in favor of the injured, that would be great. Unfortunately, all the tweaking is going to benefit the insurance companies.

Despite these challenges, Melinda and put the best possible case together for our clients. We get our cases at different stages of the claim. Hopefully in a Workers’ Comp claim, the clients come in soon after their injury. We make sure they get the medical care they need and that they receive their  Workers Comp checks. We also get them SSD (Social Security Disability), which includes Medicare. SSD pays them more.

Whenever possible, we pursue a third-party case to compensate our clients’ injuries. However, that may involve a statute limitation of two years. For that reason, we need to see clients as soon as possible after their injury.

LI:             
What motivates you most?

CK:           
I really enjoy helping people. When I was in the Marines,  I was a prosecutor and I spent time putting people in prison. I could not get excited about that job. Part of the time I was a legal assistance attorney; kind of like a legal M*A*S*H, so there I really did help people with house foreclosures or motor vehicle incidents, divorces or adoption cases. In all of those situations, I was making a positive difference in the life of an individual or family.

Once I left the Marines and started working for a law firm, I was able to help with Personal Injury cases, and that became, and still is, my passion.  I helped injured pipe-fitters or iron workers get the best compensation possible under the limits of the law.

LI:             
Why should people come to you for counsel?

CK:           
Melinda and have the knowledge, experience, and professionalism to handle any case. We’re not merely a Social Security or Workers Compensation service. For instance, we accepted a case involving a petroleum explosion, where the worker was  burned over 90% of his body, and taken the case to trial ourselves. We can handle a wide range of situations, and we do so with compassion and integrity.

LI:             
Thank you, Crawford, for your time.

CK:           
Thanks for letting me talk about my passion: bringing justice to people who need it the most.