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Pre-Trial Communication Risk Review

When medical records look “clean” but communication issues exist beneath the surface, cases are routinely undervalued, over-challenged, or strategically mishandled.

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This service is designed to identify and contain communication-related risk before it costs you leverage, credibility, or money.

The Hidden Cost Lawyers Absorb (But Rarely See)

Most firms lose value before trial, not during it.

Common failure points:

  • A plaintiff who appears inconsistent, vague, or unreliable under questioning

  • Communication impairments that are real but poorly documented

  • Records that describe anatomy, not functional communication ability

  • Experts retained too late—or unnecessarily—because risks weren’t identified early

The result:

  • Weak deposition performance

  • Reduced settlement leverage

  • Avoidable expert fees

  • Increased impeachment risk

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What This Review Actually Does (From a Litigation Perspective)

The Pre-Trial Communication Risk Review functions as an early warning and containment system.

I analyze medical and therapy records specifically to answer:

  • Where communication breakdowns are likely to appear under questioning

  • Whether deficits are clinically defensible or vulnerable to attack

  • What opposing counsel is most likely to exploit

  • Whether additional expert involvement is justified—or premature

This allows you to:

  • Make informed decisions before depositions

  • Avoid over-retaining experts

  • Protect case value when testimony reliability is challenged

1

Prevents Testimony-Related Case Damage

 

Communication impairments often surface as:

  • Inconsistency

  • Poor narrative structure

  • Delayed responses

  • Misinterpretation of questions

Unchecked, these are framed as credibility problems—not neurological ones.

This review identifies those risks before they become strategic liabilities.

2

Reduces Unnecessary Expert Spend

Not every case needs:

  • A full neuropsych eval

  • A retained speech expert

  • A $5,000–$10,000 forensic report

 

This service helps you determine:

  • When expert escalation is justified

  • When records already support your position

  • When a case is vulnerable and needs containment instead of expansion

3

Protects Settlement and Trial Leverage

Cases lose value when:

  • Communication issues surprise the legal team late

  • Deficits are poorly framed or undocumented

  • Opposing counsel controls the narrative

This review gives you control earlier, when leverage still exists.

What You Receive

  • Targeted clinical review of relevant records

  • Identification of communication-related litigation risk

  • Clear distinction between:

    • True clinical impairment

    • Documentation gaps

    • Vulnerabilities likely to be exploited

  • Concise written summary for internal strategy use

  • Attorney-focused consultation to clarify findings

This is not a therapy service.
This is not testimony.
This is strategic risk intelligence.

When Firms Use This Service

  • Before depositions involving cognitive-communication concerns

  • When testimony reliability is anticipated to be challenged

  • In “clean MRI” cases with functional communication collapse

  • Prior to committing to high-cost expert retention

Why This Is Different

Most experts are brought in after damage is done.

This service exists before:

  • Testimony fails

  • Experts are over-retained

  • Case value erodes quietly

It allows you to decide:

  • Proceed

  • Contain

  • Escalate strategically

Engagement Structure

This service is offered as a limited, case-specific retainer to ensure focus, turnaround time, and discretion.

Ongoing monthly retainer partnerships are available for firms and Legal Nurse Consultants managing repeat caseloads.

Ongoing Clinical Record Review Partnerships

For firms and Legal Nurse Consultants managing recurring medically complex or TBI-related caseloads, I offer a limited number of monthly Clinical Record Intelligence Retainers.

This monthly retainer provides ongoing clinical triage and record analysis across active files—helping teams identify functional impairment, documentation vulnerabilities, and communication-related litigation risk before expert costs escalate or leverage is lost.

Retainer partnerships are typically offered after an initial case screen or forensic audit to ensure fit, efficiency, and protected turnaround time.

When you hire me for a Risk Review, you don't just get a report; you get a Strategy Huddle where I give you a 'Witness Playbook' to manage the client's deficits during the deposition. 

The Witness Reliability Playbook: A strategic guide for attorney use during depositions and trial

To discuss whether a pre-trial communication review is appropriate for your case:

Contact Erica Thomas, MS, CCC-SLP
Forensic Communication Specialist

Schedule your 15-minute complimentary consult here
📧 ejtcommunicationconsultant@gmail.com
🌐 ejtcommconsult.com

Engagement begins via retainer.

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