Out-Negotiating Attorneys: Use Email, not the Phone!

In the world of personal injury (PI) cases, you have two professions that are each helping the patient but in different areas: doctors to heal, and attorneys to achieve financial gain and legal justice.  Another way to put it: trained healers and givers versus trained warriors and fighters.  While working together, when it comes time to pay out settlement proceeds, those interests often diverge.  And when it comes to financial negotiations, medical providers often find themselves at a disadvantage.  Yet, that disadvantage can be controlled, managed, and leverage reversed in their favor.

In this article, we are talking about one important tactic and method that can be a difference maker in getting you higher pay: the method of communication you use. Negotiations is a business skill, and one you need to learn to master.

You see, attorneys and their staff are trained negotiators, skilled in persuasion and argument. On the other hand, medical providers specialize in care, not combat. That’s why using the right communication strategy is essential. While the phone is a powerful tool for building relationships with PI attorneys, it should never be used for lien negotiations. When an attorney calls to pressure you into reducing your bill, the best thing to do is simple: hang up and switch to email.

Here’s why.

Using the Phone to Build Relationships, Not to Negotiate

When to Use the Phone:

The phone is an excellent tool for establishing rapport with attorneys. Building strong relationships can lead to more patient referrals and a better working dynamic. Here’s when phone calls are beneficial:

Introducing Yourself – A warm, professional call to introduce your practice can create a lasting impression.
Following Up on Referrals – Checking in about mutual referrals of patients, peers and strategic alliances builds goodwill.
Discussing Treatment Plans – Attorneys appreciate knowing their clients are in good hands.
Expressing Appreciation – A quick thank-you call after a case settles strengthens relationships.

These conversations should be collaborative and positive. Your goal is to build trust and reinforce the value you provide to PI cases.

Why You Should NEVER Negotiate Liens Over the Phone

PI attorneys and their teams are trained to negotiate aggressively. They know how to use pressure tactics, time constraints, and emotional appeals to get providers to reduce their bills.  Let’s also not forget asserting legal support and terminology that will have your head spinning and you not knowing what is legally correct. A verbal conversation puts you at a serious disadvantage because:

They Control the Conversation – Attorneys are skilled at leading discussions in their favor, and making you feel less knowledgeable and less entitled.
Emotional Pressure – Tying into your healer attributes, they might use guilt, urgency, or even intimidation as high-pressure tactics to corner you into a bad deal.
No Paper Trail – They may make threats or say things on the phone that they can later deny because there is no paper trail.
Split-Second Decisions – You may feel pressured into agreeing to a reduction on the spot, when rarely is there a real time emergency.

First Thing to Do When an Attorney Calls About a Lien? HANG UP.

If an attorney or their staff calls about a lien reduction, do not engage. Instead, say something like:

“I handle all lien negotiations via email. Please send me your request in writing, and I’ll review it accordingly.”

Then, politely end the call. This protects you from high-pressure tactics and gives you time to craft a strategic response.

Same with texting. Texting has all the disadvantages of phone calls with none of the benefits of email. It creates an informal setting where attorneys can still apply pressure but leaves an incomplete record. Stick to email.

Email: Your Best Weapon in Lien Negotiations

Email provides clear advantages when handling lien negotiations:

Written Record – Every interaction is documented, preventing or at least limiting miscommunication.
Time to Respond – You can research, carefully consider your response, and control the negotiations instead of making a rushed decision.
Legal Protection – If disputes arise, emails serve as evidence that are less subject to misinterpretation.
Avoids Intimidation – Without verbal pressure, negotiations become more objective as attorneys will be less reluctant to threaten on a permanent record.
Stronger Counterarguments – You can uncover by email and then present supporting facts and even law, as you identify and assert leverage over lawyers.
Puts YOU in Control – Email allows you to better control timing, emotions, emotional pressures and allows you apply a strategic approach.

How This Strategy Gives You the Advantage

By shifting lien negotiations to email, you neutralize aggressive tactics and put yourself in control of the negotiations. Attorneys and their trained staff can no longer rely on immediate responses or emotional persuasion. Instead, they must present their arguments in writing, giving you the upper hand.

Why This Matters

For medical providers working on liens or letters of protection, protecting the value of your services is essential. You deserve fair compensation for the care you provide, and allowing attorneys to pressure you into excessive reductions undermines your financial stability.  The phone is one of their key tools in doing so.  Take the phone away, and you help to turn the tables in your favor. 

By following these strategies:
Use the phone to build relationships, NOT to negotiate
Hang up when an attorney calls about a lien
Handle all negotiations via email
Don’t just wing it – increase your negotiation skills and approach

Remember: You are a healer. Attorneys are fighters. Stay in your zone of strength, and never fight on their battlefield.  This is just one fraction of what you need to out-negotiate personal injury attorneys.  Know it not only can be done, it is.  Embrace negotiations as a key business skill your practice needs, and have this be not the end but a start to improving your practice and your profits.

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