Be the Hero: The Role of the Defense Lawyer in a World of Complacency

With the sheer volume of cases most defense lawyers handle, it’s easy for many of them—almost inevitable—to become complacent. The legal profession, particularly in insurance defense, is a numbers game. Carriers assign cases, firms staff them, and lawyers work through the process, often handling dozens of active matters at once. The result? Many defense lawyers fall into a pattern of going through the motions. They respond to pleadings, conduct perfunctory discovery, engage in settlement discussions, and, more often than not, resolve the case through mediation.

I once heard a defense lawyer say, “I don’t get wound up about cases. They’re just going to get mediated.”

To him, the work was transactional. It was about moving cases along a conveyor belt toward the inevitable conclusion—settlement. There was no passion, no sense of responsibility beyond processing files and billing hours. But this mindset is dangerous. It fails to recognize the true role of the defense lawyer. It shortchanges not only the carrier but, more importantly, the insured—the business owner, professional, or individual who is the actual client.

The Client is Depending on You
In an insurance defense model, it’s easy to think of the carrier as the client. They are, after all, the ones paying the bills. They set guidelines, dictate reporting requirements, and ultimately decide whether to settle or proceed to trial. But the reality is more nuanced. The insured—the business or individual being defended—is the true client.

For the insured, a lawsuit isn’t just another case. It’s not one of 50 files sitting on a lawyer’s desk. It’s personal. It’s their business, their reputation, their livelihood on the line. Many insureds have never been sued before. They don’t understand the legal process, and they certainly don’t see their case as just another number.

Yet, too often, defense lawyers treat them as such. They provide minimal communication, fail to truly advocate, and approach cases with a “this will just get mediated” attitude. That’s not advocacy. That’s not lawyering.

What Clients Need From Their Defense Lawyer
The best defense lawyers understand that their job is not just to process claims but to show up for their clients. That means being more than just a cog in the insurance machine. It means taking ownership of the case, not just as a file to be closed, but as a real-world problem that requires a real solution.

To do this effectively, a defense lawyer must:

• Be Thorough – Complacency often leads to sloppy work. A defense lawyer must dig deep into the case, reviewing every document, analyzing every fact, and crafting a strategy that goes beyond just checking boxes. Missing key details can mean the difference between a dismissal and a judgment against the client.

• Be Thoughtful – Every case has its own unique challenges and opportunities. A one-size-fits-all approach doesn’t cut it. Thoughtful lawyering requires a willingness to understand the nuances of the case, anticipate potential pitfalls, and create strategies tailored to the specific facts.

• Be Creative – Great defense lawyers think beyond the obvious. They find angles that others don’t. They use procedural mechanisms creatively. They find leverage where none seems to exist. Litigation is a chess match, and the best lawyers aren’t just reacting to moves—they’re planning five steps ahead.

• Stand Up for the Client – A lawyer’s job is to advocate for the insured. If the claim is baseless, if the client is wrongly accused, it’s the lawyer’s responsibility to push back—to fight, if necessary. That may mean convincing the carrier that trial is the right path. It may mean pushing back on unreasonable settlement demands. Whatever the case, standing up for the client should always be a priority.

Avoiding the Trap of Routine Lawyering
Many defense lawyers begin their careers with ambition. They work hard, pay attention to detail, and strive to be great advocates. But over time, the weight of high caseloads and demanding carriers dulls that edge. It’s easy to slip into a pattern of routine lawyering—handling cases the same way every time, making the same arguments, following the same processes.

Routine is dangerous. It leads to mistakes. It leads to overpaying on matters. It leads to bad outcomes for clients.

The best lawyers don’t fall into that trap. They stay engaged. They approach each case with fresh eyes, understanding that even the most routine claim has unique elements that require attention. They bring energy to their work because they understand that, to the client, this case matters.

The Defense Lawyer as the Hero
At its core, the defense lawyer’s job is to be a protector. To stand between the client and a plaintiff seeking money, sometimes rightfully, sometimes not. The insured is looking to their lawyer to be their guide and their champion—to navigate them through the storm of litigation and get them to the other side safely.

This is not just about technical lawyering. It’s about leadership. A defense lawyer must lead their client through the process with confidence, clarity, and conviction. That means communicating effectively, managing expectations, and delivering results.

So, ask yourself: Are you just processing files, or are you truly advocating for your clients? Are you treating each case as just another number, or are you approaching it with the attention and urgency it deserves?

Your client needs you to be more than just a defense lawyer.

They need you to be their hero.

Be the hero.