A Guide to Plaintiff Communication: Part 2

Written By

The JusticeBolt Team

Published On

October 31, 2024

6 min read

In our last post, The Ultimate Guide to Plaintiff Communication: Part 1, we covered 5 essential communication tactics for improving plaintiff relations during intake and document collection. With these steps, you’ve set a strong foundation for managing the plaintiff relationship, qualified leads efficiently, and collected the necessary documents to assess the case.

By following a disciplined plaintiff communication process, you’ll experience:

  • More approvals funded
  • More attorney referrals
  • Greater employee satisfaction
  • Happier customers
  • A more professional, efficient, and profitable business

Today, we’ll dive into the final three stages of the funding process: case decision, contract execution, and payment. These tips and tools will help you close deals faster, maintain professional relationships, and ensure smooth payouts.

Case Decision: Approval and Denial Communication

At this stage, your underwriter has reviewed the plaintiff’s case, and it’s time to communicate the decision—whether you’re approving or denying the case. Here’s how to handle both situations effectively.

Approval: 4 Steps to Close Deals Quickly

Once you receive the go-ahead from your underwriter, you need to act fast to secure the deal. Follow these steps to avoid losing the opportunity:

  1. Call the plaintiff: Start by congratulating them on their approval. This is exciting news for them, so match that energy! Explain the next steps, like collecting any remaining information to draft the agreement and getting the attorney’s signature.

Here’s a sample script for the call:

Script:

“Hi [Plaintiff Name], congratulations! I’m happy to let you know that your application for funding has been approved. Now, we just need to get a few more details so we can finalize everything. Once we have your signed portion, we’ll send it over to your attorney for their signature. After everything’s in order, we’ll get the funds sent to you right away. Can I confirm your [date of birth, home address, etc.]? Also, can you send a photo of your ID to [phone number]? That’ll help speed up the process.”

  1. Leave a voicemail if they don’t answer: If you can’t reach them, leave a message with the good news and ask them to call you back.

Sample Voicemail Script:
“Hi [Plaintiff Name], this is [Your Name] from [Funding Company]. I’m calling with some great news about your funding application. Please give me a call back at [your phone number] as soon as you can. Looking forward to speaking with you!”

  1. Send a follow-up text: Reinforce your message with a text, offering another way for the plaintiff to get in touch with you quickly.

Sample Text:
“Hi [Plaintiff Name], this is [Your Name] from [Funding Company]. I have some good news about your application for funding. Please text me a good time to talk or give me a call at this number. Talk soon!”

  1. Send an email for good measure: Follow up with an email detailing their approval and instructions for moving forward. Make it easy for them to respond and accept the offer.

Sample Email:
Subj: Good news, you’re approved! Accept in seconds.
Hi [Plaintiff Name],
Congratulations! We’ve reviewed your case, and we’re happy to offer you funding in the amount of <$X>. To accept this offer, simply reply to this email or text/call me. I’ll be in touch shortly to go over the next steps.
Best,
[Your Name]

Denial: 3 Steps for Clear and Professional Communication

If the case is denied, you need to communicate the decision clearly and professionally. Here’s how to handle it smoothly:

  1. Text or email the plaintiff: Be direct and polite, explaining that the case wasn’t approved and offering well wishes.

Sample Text:
“Hi [Plaintiff Name], thanks for applying with [Funding Company]. Unfortunately, we’re unable to provide financing for your case. I’ve sent you an email with more details. Best of luck with everything.”

Sample Email:
Hello [Plaintiff Name],
Thank you for reaching out to [Funding Company] for financing. After reviewing your application, we’re unable to provide funding at this time. If [additional documentation becomes available/you undergo further treatment], we’d be happy to reconsider. We wish you the best of luck with your case.
Best regards,
[Your Name]

  1. Take calls if they follow up: If the plaintiff calls to ask for more information, keep the conversation short but polite. Be clear that the decision is final.

Sample Call Script:
“Hi [Plaintiff Name], thanks for your call. After a thorough review, we’ve decided not to move forward with funding. Unfortunately, the decision is final, but I wish you all the best with your case.”

  1. Maintain a good relationship with the attorney: Don’t blame the denial on the attorney. Let them know you’ll communicate the decision in a professional way that doesn’t harm their relationship with their client.

Contract Execution: 4 Ways to Speed Up the Process

Once the case is approved, it’s crucial to ensure the contract is signed quickly and correctly. Here are some ways to make the process efficient:

  1. Use the most reliable signing methods: Digital platforms like DocuSign are the best way to ensure the contract is completed accurately. If that’s not an option, encourage the plaintiff to visit their attorney’s office for signing.
  2. Get the plaintiff’s signature first: Attorneys typically prefer to sign documents after the plaintiff. This way, the plaintiff has time to review the contract and get it signed without holding things up.
  3. Provide detailed instructions: If you’re sending the contract via email or fax, give clear step-by-step instructions to avoid mistakes. This will prevent delays and back-and-forth communication.

Sample Instructions:
Hello [Plaintiff Name],
Please follow these instructions to complete your agreement for funding:

  1. Initial the bottom right-hand corner of every page.
  2. Sign and date Page 7.
  3. Pages 7 and 9 need notarization. Please call me at [phone number] when you are at the notary.
  4. Fill out Page 9 with your payment instructions.
  5. Once you’ve completed the contract, please fax it to: [Fax Number].
    If you have any questions, feel free to reach out. I’m happy to help!
    Best,
    [Your Name]
  6. Limit notarization when possible: Notarization can slow down the process, so only require it when absolutely necessary. If needed, help the plaintiff find a notary and walk them through the process to avoid errors.

Payments: 4 Steps for a Smooth Payout Process

For plaintiffs, getting their funds is the most important part of the process. To ensure payments are made quickly and smoothly, follow these steps:

  1. Track problem banks: Keep a list of banks that can’t handle certain transactions, so you don’t waste time with bounced wires. Use this time to work out alternative payment methods if needed.
  2. Send payment confirmations: Let the plaintiff know when you’ve received the signed agreement and that their funds are being processed. Share tracking numbers or wire confirmations to give them peace of mind.

Sample Email Confirmation:
Dear [Plaintiff Name],
We’ve received the completed agreement and have processed your payment. A paper check has been sent via [FedEx/UPS/USPS], and the tracking number is [##]. Please let us know once you receive the check by replying to this email or calling/texting us at [Your number].
Thanks!
[Your Name]

  1. Avoid giving concrete payment deadlines: There’s too much variability in the payment process to guarantee specific timelines. It’s better to provide general estimates to manage expectations.
  2. Include your company’s contact info on checks: Plaintiffs often use check-cashing services that need to verify the check. Providing your contact information simplifies the process and avoids delays.

Conclusion

Clear and effective plaintiff communication is essential to running a smooth legal funding business. By creating a structured process from intake to payment, you’ll avoid unnecessary delays, improve your relationships with plaintiffs and attorneys, and increase your success rate in closing deals.

When you put together the strategies from Part 1 and Part 2, you’ll have a complete, end-to-end communication process that benefits your team and your clients.

Justice Bolt
+ posts