Legally Reviewed by Glenn J. Fahl, Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization, on August 4, 2026
When a lawsuit lands on your desk, the attorney whose name appears on the engagement letter is not always the person who spends the next year handling your file. Case files can move between partners, associates, and contract attorneys as firms restructure, reassign dockets, or lose staff, and a claims professional or business owner rarely has visibility into that shuffle until a deposition gets rescheduled or a status update goes quiet. Knowing who actually has your file, and how stable that assignment is likely to remain, is one of the most overlooked factors in choosing outside defense counsel.
At Fahl & Donaldson, we built our practice around the opposite model: a smaller, trial-ready team where the attorney assigned to a case stays assigned to it from intake through verdict. We represent insurance carriers, motor carriers, and businesses across Texas in litigation arising out of trucking accidents, insurance disputes, and commercial claims, and our trucking accident defense practice reflects the same continuity we bring to every matter. That continuity affects far more than convenience. It can shape how thoroughly a case is investigated, how credibly it is negotiated, and how it is ultimately resolved for the carrier or business we represent.
What Determines Who Actually Works on Your File
Large firms typically staff a file with a rotating cast: a partner who signs the engagement letter, a senior associate who runs the day-to-day work, and often a junior associate or contract attorney who drafts discovery responses and prepares exhibits. That structure can work well when staffing stays stable, but it introduces risk whenever the firm reorganizes, a key associate leaves, or a docket gets redistributed across a department.
Firms are rarely forthcoming about these internal shifts. A carrier or insured is unlikely to be told how many attorneys have rotated off a matter, how a caseload was redistributed after a departure, or whether the attorney who appeared at the last status conference is still assigned to the case. Some firms also route work to attorneys who are not physically based in the office you originally engaged, which can add another layer of separation between the person managing your file and the person you thought you hired.
Asking directly, and asking again as a case progresses, is one of the few reliable ways to confirm continuity before it becomes a problem. A firm that answers these questions specifically, by naming the attorneys currently assigned and describing how it would handle a departure, is telling you something useful about how it actually runs its practice.
Why Firm Size and Staffing Stability Affect Your Defense
Bigger is not automatically better when it comes to outside defense counsel. Large firm overhead, including premium office space, layered support staff, and high compensation targets for associates, creates margin pressure that can drive attrition, mergers, and periodic layoffs. Every one of those events has the potential to touch an open file, whether through a reassignment, a gap in coverage, or a rushed handoff.
Smaller firms can often run leaner and more consistently because there are fewer layers between the attorney handling a file and the decision to keep that attorney on it. We discussed a related angle to this in our earlier piece on agile, responsive representation: a firm that can move quickly and communicate directly with a carrier or claims department tends to be a firm where fewer people are standing between you and the answer you need.
Staffing stability also affects how a case is prepared. When the same attorney reviews a file from the initial investigation through discovery and trial preparation, that attorney develops a working familiarity with the facts, the witnesses, and the opposing counsel’s tendencies that is difficult to hand off cleanly. Reassignments interrupt that continuity, and the incoming attorney often needs time to get back up to speed before decisions on strategy, motions, or settlement posture can move forward with confidence.
None of this means every large firm mishandles staffing, or that every small firm is well run. It means the question is worth asking before you sign an engagement letter, not after a reassignment surprises you partway through litigation.
What to Look for When Selecting Defense Counsel
Due diligence on outside counsel should go beyond a firm’s marketing materials. Claims professionals and risk managers who have worked with a range of defense firms tend to look for a consistent set of credentials and practices before committing a file.
- Board certification: a formal credential, such as certification in personal injury trial law through the Texas Board of Legal Specialization, that reflects a documented record of trial and litigation experience.
- A complete trial list on request: a firm confident in its record should be able to provide the cases it has actually tried to verdict, not just cases it settled.
- Depth on the team: more than one attorney familiar with a file, so a single departure or scheduling conflict does not stall the case.
- References from risk managers and claims personnel: firsthand accounts of how a firm communicates and performs on active matters.
- Familiarity with local judges and venues: knowledge of how a particular court and jury pool tend to respond to the type of claim at issue.
- Rapid response capability: the ability to begin an accident investigation quickly, since evidence and witness recollection can fade fast.
- Adequate errors and omissions coverage: confirmation that the firm carries limits appropriate to the size and risk of the matters it handles.
Firms that can speak specifically to each of these points, rather than in general terms, are usually the ones that have actually built a practice around them. It is also worth confirming board certification status directly with the relevant state licensing body rather than relying solely on a firm’s own website, since certification status can lapse or change over time.
Why Trial Experience Still Shapes Settlement Leverage
Most insurance and commercial disputes settle before trial, but the terms of that settlement are shaped by what happens if the case does not settle. A firm with a documented trial record brings leverage to the negotiating table that a firm without one cannot credibly offer, because the other side knows going to trial is a realistic possibility rather than an empty threat.
Attorney Glenn J. Fahl has tried more than 75 cases to a jury verdict over four decades of civil litigation practice, including cases involving death and serious injury, and holds board certification in personal injury trial law from the Texas Board of Legal Specialization. That kind of record is becoming less common industrywide as fewer cases go to trial each year, which makes it a meaningful differentiator when evaluating outside counsel rather than a routine qualification.
Opposing counsel and plaintiffs’ attorneys tend to negotiate differently when a firm’s reputation for trying cases is well known in the local legal community. There is an old negotiating principle worth keeping in mind here: leverage only works if the other side believes you are prepared to use it. A firm that regularly settles cases but rarely appears in front of a jury may still reach reasonable outcomes, but it is negotiating from a different position than a firm the plaintiffs’ bar knows is prepared to try a case when the value proposed does not reflect the facts.
Settlement leverage, in other words, often traces back to a track record built long before any particular case was filed. Carriers and insureds evaluating outside counsel can ask a firm how many of its recent matters actually went to trial, not just how many closed, to get a clearer sense of where that firm’s leverage actually comes from.
Understanding the Relationship Between the Insurer, the Insured, and Defense Counsel
Outside defense counsel in an insurance matter typically sits inside what is often called a tri-partite relationship: the insurance carrier, the insured, and the defense attorney the carrier retains. According to ALPS Insurance, a longtime provider of lawyers’ professional liability coverage, defense counsel is generally expected to comply with the carrier’s billing guidelines and reporting requirements while still exercising independent professional judgment on behalf of the insured, and the industry has seen a rise in carriers pursuing malpractice claims against defense counsel when that balance breaks down.
In practice, this means a carrier should expect regular, substantive updates on case developments, not just periodic status memos. It also means defense counsel needs to understand where the carrier’s interests and the insured’s interests may diverge, particularly when there is any question about coverage. A firm that communicates clearly and consistently with the carrier throughout a case tends to avoid the friction that arises when updates go quiet and a file feels like it has disappeared into a large organization.
The reporting relationship also matters to the insured, even though the carrier is typically the one paying the bill. An insured who never hears directly from defense counsel, and only receives secondhand updates through an adjuster, has less visibility into decisions being made about their own case. Clear, direct communication with both the carrier and the insured, on a predictable schedule rather than only when something goes wrong, tends to reduce misunderstandings on all sides as a matter proceeds.
This is another dimension of the same underlying question this piece started with: who has your file, and are they telling you what you actually need to know about it.
Negotiation and Investigation Skills That Affect Case Outcomes
Because most claims resolve through negotiation rather than a jury verdict, negotiation skill is not a secondary consideration. It directly affects whether a carrier pays a fair value for a claim or an inflated one driven by pressure rather than facts.
Investigation matters just as much. Some claims involve exaggerated damages or facts that do not hold up once records, witnesses, and physical evidence are examined closely, and a firm with strong investigative habits can identify that early rather than discovering it during discovery. In trucking and transportation matters specifically, early investigation often includes securing electronic logging device data, maintenance records, and driver files before they age out of retention windows, an issue we address in more detail in our discussion of spoliation of evidence claims. When the underlying facts are contested, a well-prepared expert witness can also make the difference between a credible defense theory and one that does not survive scrutiny.
The two skills reinforce each other. A firm that has not investigated a claim thoroughly has little to negotiate with beyond the numbers the other side presents, while a firm that has done the investigative work but negotiates poorly may still fail to translate that work into a fair outcome. Evaluating a defense firm on both dimensions, rather than assuming strength in one implies strength in the other, gives a more accurate picture of what to expect on an active file.
A firm that treats investigation and negotiation as core disciplines, rather than as steps to move through quickly on the way to a settlement number, tends to produce more consistent results across a caseload.
Why Carriers and Insureds Choose Fahl & Donaldson
Fahl & Donaldson is a Houston-based firm with more than 100 years of combined attorney experience, serving carriers, businesses, and insureds throughout the Texas Gulf Coast and statewide. Our attorneys are AV-Preeminent rated by Martindale-Hubbell, reviewed in AM Best’s Insurance Attorneys, and recognized in Best Lawyers in America and Texas Super Lawyers. You can review our full attorney profiles and case results to see how that experience has played out in practice.
Because we operate as a smaller, focused firm, the attorney who reviews your file at intake is generally the attorney who continues to work it through discovery, negotiation, and trial preparation. We travel throughout Texas and the Gulf Coast to attend depositions, mediations, and hearings in person rather than routing matters through unfamiliar local counsel, and we remain reachable directly rather than through several layers of case managers. Our practice covers insurance law, trucking accident defense, and commercial and construction litigation, so carriers and businesses working with us on one type of matter can rely on the same team for related litigation needs as they arise.
We built our insurance defense practice around the same principle behind this article: a carrier or insured should always know who has their file and be confident that person has the experience, the trial record, and the staffing stability to see the matter through to resolution.
Frequently Asked Questions About Choosing Defense Counsel
What should insurers and claims professionals look for when selecting defense counsel?
Look for board certification, a complete trial list the firm can provide on request, references from other claims professionals and risk managers, familiarity with the local courts and jury pool, and adequate errors and omissions coverage. It also helps to ask directly how the firm staffs a file and how it handles reassignments if an attorney leaves or a caseload shifts, since continuity of representation can matter as much as the credentials on paper. Vague or general answers to these questions are often a sign that the firm has not thought carefully about its own staffing practices.
Why does trial experience matter even when most cases settle?
A documented trial record gives defense counsel real leverage in settlement talks, because the opposing party knows a trial is a genuine possibility rather than an empty threat. Attorneys who have actually tried cases to verdict tend to evaluate risk and value differently than attorneys who have only negotiated settlements, which can translate into more realistic demands and outcomes for the carrier or insured. Asking a firm how many of its recent matters were resolved through an actual trial, rather than only settlements, is a useful way to gauge whether that leverage is real.
How does the relationship between the insurer, the insured, and defense counsel work?
This is often called a tri-partite relationship. The carrier typically retains and pays defense counsel to represent the insured, and defense counsel is expected to comply with the carrier’s billing and reporting guidelines while still exercising independent professional judgment on the insured’s behalf. When the carrier’s interests and the insured’s interests diverge, such as when coverage is in question, defense counsel needs to manage that tension carefully and communicate clearly with both sides so neither party is left guessing about where the case actually stands.
Does a smaller defense firm offer the same level of experience as a large firm?
Firm size alone does not determine experience. Many smaller firms are built around attorneys with decades of trial and litigation experience, board certifications, and strong local reputations, while carrying lower overhead that can translate into more consistent staffing on a file. The more relevant questions are usually the attorney’s actual trial record, board certifications, and how stable the staffing on a given matter is likely to remain, rather than the number of attorneys listed on the firm’s website.
Why does local familiarity with courts and juries matter in a defense case?
Judges, procedures, and jury pools vary from county to county, and an attorney who regularly appears in a particular venue often has a more accurate sense of how a case is likely to be received there. That local knowledge can inform everything from case strategy to settlement timing, and it is one of the reasons many carriers prefer counsel with an established presence in the specific jurisdiction where a claim is filed.
How can I find out who is actually handling my file at a defense firm?
Ask directly, and ask again periodically as the case progresses. Request the name and role of every attorney working on the file, ask how the firm handles reassignments if someone leaves or a caseload shifts, and expect regular, specific status updates rather than general reassurances. A firm confident in its staffing and communication practices should be able to answer these questions without hesitation, and a pattern of vague or shifting answers over time is worth treating as a warning sign.
Talk to Fahl & Donaldson About Your Defense Needs
Choosing outside defense counsel is a decision that affects far more than a single case. It affects how consistently your file is staffed, how directly you hear about developments, and how credibly your position can be defended if a matter does not settle on reasonable terms. Fahl & Donaldson has built its practice around trial-ready attorneys, board certification, and a staffing model designed to keep the same team on your file from intake through resolution, so you have a clearer picture of who is actually working on your case at each stage.
If you are evaluating outside counsel for an insurance defense, trucking litigation, or commercial matter in Texas, we welcome the opportunity to discuss how our firm approaches staffing, communication, and trial preparation, and how that approach can apply to your specific claims or litigation needs. Reach out to Fahl & Donaldson through our contact form to start that conversation.