PEAK PRACTICE
Peak Practice is a community that delivers expert industry insights on how to scale, streamline, and accelerate personal injury law practices. By providing knowledge and resources on law firm operations, marketing, and business growth, Peak helps personal injury attorneys gain a competitive edge. As the leader in lien resolution, Synergy partners with firms to eliminate settlement bottlenecks, optimize client outcomes, and drive greater profitability—so you can focus on securing justice. Join the community here and discover how partnering with Synergy helps you achieve Peak Practice.
Below are our Synergy InSights on all things related to Peak Practice.
If you’ve ever resolved a self-funded ERISA lien on your own, you know it’s rarely straightforward. In fact, it’s often the most difficult type of healthcare lien you’ll face as a trial lawyer or paralegal. The rules are different, the law is harsh and you are up against wily recovery contractors. The stakes are high. And without the right strategy, or the right documents, you can quickly find yourself in a losing negotiating position.
What Makes ERISA So Dangerous?
The Employee Retirement Income Security Act (ERISA) governs most employer health plans. If a plan is self-funded, ERISA preempts state law entirely, including your usual made-whole or anti-subrogation arguments. Once an ERISA plan asserts reimbursement rights, they often cite Sereboff and McCutchen, two U.S. Supreme Court decisions that cemented their ability to recover directly from your client’s settlement, even if it wipes out the net recovery. You may not even be able to assert equitable defenses if the plan terms are airtight.
Five Real-World Tips for Navigating Self-Funded ERISA Reimbursement
- Get the Plan Documents (All of Them). Use 29 U.S.C. §1024(b)(4) to demand the master plan document and summary plan description. Don’t accept summaries or partial PDFs from a TPA.
- Use the $110/Day Penalty as Leverage. If the plan administrator fails to produce requested documents under 1024(b)(4) within 30 days, they may be liable for statutory penalties—potentially your only bargaining chip in a self-funded plan.
- Check Form 5500. Determine whether the plan is self-funded or insured. Box 9 is critical. If both “general assets of the employer” and “insurance” are checked, you’ll need to dig deeper into the attached schedules and review all plan documents to determine funding status.
- Closely Examine Plan Language. Even valid ERISA plans can lose recovery rights if the plan’s reimbursement provisions aren’t written tightly enough. A good lien resolution expert will spot weak or unenforceable provisions in the plan.
- Determine if Equitable Doctrines Apply “Made whole,” “common fund,” and similar doctrines may not apply unless the plan language leaves room for them. Courts won’t rewrite ERISA contracts for equity’s sake.
Why Trial Lawyers Should Outsource ERISA Lien Resolution
ERISA liens aren’t the kind of lien you want your firm handling without backup. Here’s why outsourcing them to specialists isn’t just smart, it may be essential. Why? ERISA lien recovery contractors are very aggressive in their efforts to collect from your client’s settlement. You are often going up against massive vendors with entire departments dedicated to collection.
Here’s what an experienced lien resolution partner brings to the table:
- 🎯 Deep expertise in ERISA law and plan analysis
- 🧩 Access to plan document retrieval tools
- ⚔️ Negotiation strategies built on thousands of resolved cases and hundreds of years of subrogation experience.
- 💼 Risk mitigation, keeping your practice safe from ERISA lien litigation
Avoid Traps. Maximize Recovery.
Trial lawyers are often caught between a rock and a hard place—protecting the client’s recovery on one side and dealing with ERISA law on the other. Outsourcing ERISA lien resolution gives you and your team:
- More bandwidth to focus on what is important
- A stronger position when negotiating with plan reps
- Confidence that you’re in compliance with complex federal law
⬇️ Message synergy. to get a FREE copy of the ERISA Lien Checklist (PDF)
📩 Want to offload your ERISA headaches and protect your client’s settlement? Let’s talk. Learn more at: https://partnerwithsynergy.com/liens/
🔗 Want more insights like this?
Join the Peak Practice Community, and learn how Synergy can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
#ERISA #LienResolution #Outsourcing #PartnerWithSynergy #PeakPractice
What do drumming, yoga, and multigenerational lawyering have to do with winning trials?
More than you might think.
In a recent episode of the Trial Lawyer View by Synergy podcast, I sat down with two dynamic voices in the San Diego legal scene—Eric Ganci, a powerhouse courtroom advocate with a background as a professional drummer and certified yoga teacher and David Casey III, third-generation trial lawyer at CaseyGerry Trial Lawyers.
On the surface, they’re litigators. But under the surface? They’re redefining what it means to be fully present in trial work—and how integrating creativity, self-awareness, and discipline outside the courtroom can shape performance inside it.
🎧 Tune Your Energy Like a Trial Instrument
Eric Ganci describes trial law like a performance: the energy in the room, the tempo of your delivery, and the awareness of your “audience”—the jury—can make or break a case. His drumming background taught him how to read a room, know when to pause, and even modulate tone to guide juror emotion.
It’s not about theatrics. It’s about connection.
He said it best: “So many lawyers are linear. But when we focus only on the witness, we miss the jury. Presence is everything.”
That’s a perspective trial lawyers don’t hear enough—but desperately need to.
🧘♂️ The Power of Presence: What Yoga Taught a Litigator
Eric’s yoga practice feeds directly into his approach to law. Being fully grounded in the moment isn’t just a wellness concept—it’s a strategy. In high-stakes litigation, the ability to pause, breathe, and respond (not react) can mean the difference between persuasion and confusion.
That sense of presence isn’t just about you—it’s about attunement to every person in the courtroom, especially your client. As Eric shared, lawyers are only one part of a much larger, dynamic environment.
🧬 Legacy Meets Innovation: A Fresh Perspective from David Casey III
David brings another dimension to the conversation—legacy. As a third-generation trial lawyer, he’s carrying forward the CaseyGerry Trial Lawyers name while carving his own path in a changing industry. But he’s not stuck in tradition. He embraces collaboration, creativity, and even co-counseling with friends who are fellow musicians.
Together, David and Eric remind us that the best lawyers aren’t just legal tacticians. They’re performers, connectors, and storytellers.
🎯 Why This Matters to the Peak Practice Community
Peak Practice is committed to helping personal injury lawyers grow firms that are not just profitable—but sustainable, values-driven, and centered on human connection.
This episode touches on several Peak Practice pillars:
- Practice Differentiation: You don’t need to mimic your competitors—you need to lean into what makes you distinct.
- Performance Under Pressure: Whether it’s a closing argument or a live show, your ability to read the room matters.
- Wellness & Longevity: Burnout isn’t a badge of honor. Sustainable growth starts with how you care for yourself.
🔗 Ready to Think Differently About Your Practice?
If you’re a trial lawyer who’s hungry for more than just verdicts—if you’re building something bigger than yourself—this episode is for you.
🎧 Listen to the full conversation on Trial Lawyer View here: https://triallawyerview.com/podcast/eric-ganci-david-s-casey/
📩 Subscribe to the Peak Practice newsletter for more content like this
🗣️ Join the conversation in our growing LinkedIn community
🔗 Want more insights like this?
If you’re a personal injury lawyer ready to scale, streamline, and step into your role as CEO, let’s talk. Join the Peak Practice Community, and learn how synergy. can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
If you want to grow and scale your law firm more effectively, consider partnering with synergy. for lien resolution. Learn more at: https://partnerwithsynergy.com/liens/
Has this episode provided any new insights about trial preparation or courtroom presence? Reply and let us know—or tag someone who needs to hear it.
#TrialLawyerView #PeakPractice #LawFirmGrowth #PersonalInjuryLaw #MindfulLitigation #LawFirmLeadership
What happens when the personal injury lawyer becomes the client?
That question shaped one of the most brutally open conversations I’ve had on the Trial Lawyer View by Synergy podcast. In this episode, I sat down with Darryl Isaacs of Isaacs & Isaacs Personal Injury Lawyers—yes, The Hammer—who’s known for his bold branding and courtroom tenacity. But what struck me was the story behind the reputation.
In 2015, Darryl was hit by a car while cycling, breaking his neck and suffering life-threatening injuries. A year later, I was hit while cycling too—breaking every bone in my face, jaw wired shut, severe dental injuries and months of recovery. It changed how I view my life and my work. For Darryl? It changed his entire life. And it changed how he runs his law firm.
Here are just a few of the powerful insights we chatted about:
🔁 The Pain That Built Perspective
Darryl’s accident gave him what many trial lawyers spend a career chasing: insight into the journey and incredible empathy. “I had represented thousands,” he told me, “but I didn’t really know what they were going through—until I went through it myself.” That experience now drives everything from how he connects with jurors to how he leads his firm.
🎯 Marketing with Meaning
You might know Darryl as “The Hammer,” but the story behind the slogan “I know what you’re going through” hits even harder. A client who lost her husband told him she hired his firm because, “He gets it. He’s lived it.” That authenticity isn’t a gimmick—it’s a brand built on shared experience, vulnerability, and trust.
❤️ Trial Skills Start with Humanity
Darryl credits Jerry Spence’s trial method and psychodrama with helping him tap into emotional truth in the courtroom. “The only way to create empathy,” he says, “is to first be vulnerable.” He directly takes on opposing counsel. He just tells the truth and connects—and that’s how he gets verdicts.
⚙️ Culture Eats Growth for Breakfast
Building a law firm that scales is tough. Keeping the team aligned as you grow? Even tougher. Darryl admits, “We became a factory at one point. I lost sight of our mission.” Now he focuses on training, values, and making sure each client feels seen—no matter how big the caseload.
📉 The Hammer’s Approach to Tech & Client Experience
From video texting to case updates to hiring a COO, Darryl’s all-in on using tech to elevate service—not replace the human touch. “The hardest thing in the world is getting a case,” he says. “The thing that separates you is how you treat the client once they’ve trusted you.”
👥 Join the Conversation
Join the Peak Practice Community, and learn how synergy. can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
If you want to listen or watch the Trial Lawyer View by Synergy podcast episode with Darryl Isaacs for even more insights, you can do so here: https://triallawyerview.com/podcast/darryl-isaacs/
If you want to grow and scale your law firm more effectively, consider partnering with synergy. for lien resolution. Learn more at: https://partnerwithsynergy.com/liens/
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📩 Have thoughts or want to share your story? Leave a comment. Let’s build a peak practice—together.
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I recently sat down with David L. Thomas, MBA of Law Tigers, for a powerful conversation on the Trial Lawyer View by Synergy podcast. We explored how focusing your practice, building trust, and going deep on community relationships can be the difference between a growing firm and a stagnant one.
❓ What Is Killing Law Firm Growth?
Dave didn’t mince words. Too many law firms are acting like legal supermarkets—offering a little bit of everything, mastering none. That might sound smart on paper, but in practice it creates confusion, dilutes your brand, and makes it impossible to connect deeply with the people you’re trying to serve.
“You want to resonate. Not just be recognizable, but relatable. People trust who understands them, not who advertises the most.” — David L. Thomas, MBA
Take Law Tigers. They’ve built a national brand around a single group—motorcycle riders—and have earned loyalty because riders feel seen, heard, and understood. That’s not an accident. It’s strategy.
🔁 The Power of Infinity (and Affinity) Marketing
One standout takeaway? Dave introduced the concept of infinity marketing—a cycle of traditional, digital, and grassroots strategies that feed into each other to build brand affinity. That means people talk about your firm when you’re not in the room.
Here’s what that looks like in action:
- Traditional: Billboards, TV, and radio—but tied to local sponsorships and community events, not just airtime.
- Digital: A clear SEO game plan, especially by optimizing your own website and creating human-centered content.
- Grassroots: Real people on the ground, building relationships with riders, shops, and local businesses.
At the center? A deep respect for community. Not just being visible, but being valuable.
“If you keep people first, they will keep you first.” — David L. Thomas, MBA
❤️ The Emotional Side of Marketing (That Lawyers Often Miss)
We also got personal. I shared my own experience as a cyclist who was hit by a car, and how the cycling community’s response shaped my view of what real connection looks like.
Dave’s advice? Show your flaws. Share your story. Create emotional resonance—not just professional authority.
“The more vulnerable your marketing is, the deeper the connection.” — David L. Thomas, MBA
In an era where every firm boasts million-dollar verdicts, what really cuts through is authenticity. Not just saying you care—but showing how, day in and day out.
⚙️ Growth Metrics That Actually Matter
We closed out our discussion talking law firm KPIs—and Dave challenged the typical playbook.
Yes, revenue matters. So does case volume. But if you’re not measuring internal alignment, team engagement, and mission buy-in, you’re missing the real levers of sustainable growth.
The most successful firms he works with? They’re not just marketing better—they’re leading better.
“You can’t build a great firm on transactional thinking. Relational marketing is how you go from good to great.” — David L. Thomas, MBA
Is It Time to Refocus?
If you’re a PI firm owner feeling stuck, consider this your nudge. Niche down. Make your marketing about connection, not conversion. Then watch what happens.
🔗 Want more insights like this?
If you’re a personal injury lawyer ready to scale, streamline, and step into your role as CEO, let’s talk. Join the Peak Practice Community, and learn how synergy. can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
If you want to listen or watch the Trial Lawyer View by Synergy podcast episode with David Thomas for even more insights, you can do so here https://triallawyerview.com/podcast/dave-thomas/
If you want to grow and scale your law firm more effectively, consider partnering with synergy. for lien resolution. Learn more at: https://partnerwithsynergy.com/liens/
https://www.linkedin.com/pulse/david-thomas-niching-down-jason-d-lazarus-j-d-ll-m-mscc-czkue/?trackingId=GqudXePIRLO2G3oKO8y0Pg%3D%3D
You finally resolved your client’s case. The battle is over. Your client is thrilled with the result. Then you get hit with: “We’re asserting a lien on the proceeds.”
And just like that, closing the case turns into a lien resolution-fueled nightmare.
📉 The Hidden Profit Killer in Personal Injury Law
Lien resolution is the dreaded post-settlement purgatory for personal injury law firms.
It’s tedious. It’s high stakes for your client as it impacts net. And worst of all? It’s work that quietly eats away at your margins and your team’s time.
You didn’t go to law school to chase down lien holder recovery vendor reps or argue ERISA subrogation rights at 9 p.m.
But here you are.
❓ Do I really need this headache?
Here’s a quick taste of the headaches firms face when handling liens in-house:
- Is it a lien, a debt, or just a reimbursement obligation? (Answer: it depends. . .)
- Does the plan get application of federal or state law?
- Is the lien even valid?
- What’s the reduction strategy? (Standard statute reductions, waiver opportunities, equitable defenses?)
- **Has the client been made whole? Can you even argue that anymore under the plan’s language?
Each of these questions is a trapdoor. Miss one and you create unwanted liability.
🚨 Why It’s So Dangerous to Go it Alone?
If you’re handling liens solo or relying on team members without deep experience in this area, you’re walking through a subro minefield blindfolded.
Some potential consequences:
- Personal liability for unpaid liens
- Delays in disbursing funds (angry clients + stalled cash flow)
- Missed reductions that cost your client thousands—and your firm, future referrals
Even worse? It can make you look bad right before the client walks out your door.
💡 The Smarter Way: Systematize or Outsource
Trial lawyers should be in the courtroom—or working on future cases—not decoding plan language or chasing down lien holders to resolve liens.
So, what are your options?
- Build a process. For liens you will handle in-house (like local providers or very small liens), create a standardized protocol for identifying, verifying, negotiating, and resolving liens. Treat it like litigation prep: methodical and documented.
- Outsource strategically. Partnering with experts (like Synergy) not only protects you and your client—it accelerates resolution, ensures compliance, and gets everyone paid faster (most of the time).
Closing Thought 🧠
You can’t grow your practice if you’re stuck in the weeds of lien resolution. Efficiency isn’t optional—it’s a competitive advantage.
Want to Stop Losing Hours to Lien Nightmares?
Join the Peak Practice Community, and learn how synergy. can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
If you want to grow and scale your law firm more effectively, consider partnering with synergy. for lien resolution. Learn more at: https://partnerwithsynergy.com/liens/
💼 See how synergy. can help your firm reclaim time and drive greater profitability
In the personal injury world, attorney referrals are common — but they also come with risk if Medicare is involved (or other lienholders). When Medicare is involved, as the referring attorney you need to make sure you have three things:
1) A written fee sharing agreement;
2) A copy of the lawyer’s malpractice insurance policy declarations and
3) Proof that the lawyer has engaged lien resolution experts to resolve Medicare Conditional Payment obligations or written assurance that the firm will resolve it compliantly.
When you refer out a case, you don’t refer away your responsibilities. It is possible that referring attorneys are held liable for unresolved liens — even after a case is completely handed off. Medicare is especially unforgiving. U.S. Attorney Robert K. Hurt put it bluntly: “Plaintiffs’ attorneys cannot refer a case… and simply wash their hands clean of their obligations to reimburse Medicare.”
Miss a Medicare lien? It could be on you as the referring attorney.
What are Best Practices to Protect Your Firm on Referred Cases with Liens?
To stay compliant and avoid liability — especially with Medicare liens — follow these five basic rules:
· Communicate Clearly: Referring attorneys should share all known or potential liens up front, including any Medicare involvement.
· Do Your Homework: Receiving attorneys must investigate and address all liens, complying with the Medicare Secondary Payer Act.
· Written Authorization: Secure client authorization before taking any lien-related actions.
· Work Together and Engage a Lien Resolution Partner: Coordinate on a timely, cost-effective lien resolution strategy.
· Keep Records: Document everything — communication, authorizations, and lien actions.
Is There a Technology Solution for Referrals that Protects Everyone?
YES! I recently spoke with Robert Simon on the Trial Lawyer View by Synergy podcast about such a technology!! Have you heard of Attorney Share? Attorney Share is the first AI-powered referral platform built for attorneys, by attorneys — and it’s transforming how firms manage case referrals. How does it change the game? It tracks referrals automatically! No more chasing status updates. You get real-time updates on every case you refer. Additionally, it protects you, your firm and the client. The Attorney Share integration tools help ensure lien issues, especially Medicare’s, don’t fall through the cracks. As a bonus, it helps monetize every opportunity, inbound or outbound — every referral becomes a potential revenue stream. Thousands of new cases are added monthly to Attorney Share. Lastly, and importantly, it is free to join, and Attorney share never takes a percentage of your referral fee.
Referrals Made Smarter. And Safer.
With Attorney Share, you’re not just sending cases into the void. You’re keeping visibility, control, and compliance — while also protecting yourself from the very real risk of lien-related liability.
Want to learn more about how to leverage Attorney Share? Visit https://www.attorneyshare.com/ for more information.
If you are looking for a lien resolution partner with an expert team to protect your firm from potential Medicare liability, learn more about synergy. by visiting https://partnerwithsynergy.com/liens/liens-we-handle/medicare/
Join the Peak Practice Movement
If you’re a personal injury lawyer ready to scale, streamline, or step into your role as CEO, let’s talk. Subscribe to the newsletter, join the Peak Practice community, and learn how Synergy can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
#MedicareConditionalPayment #RobertSimon #AttorneyShare #PeakPractice #PartnerWithSynergy
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