Brandon Smith (left) and Mathew Titus, Titus Smith. (Courtesy photo)

Mathew Titus and Brandon Smith of Alpharetta plaintiffs firm Titus Smith, which formed earlier this year, said their tech-forward approach has helped them keep cases moving during the coronavirus pandemic.

"COVID was not in our business plan, but we're ready for it," said Smith, who joined Titus from personal injury firm Shiver Hamilton at the end of January. The firm relies on technology like iPads, Clio practice management software and Slack to manage more than 100 files and still give each proper attention.

Titus had already developed a high-volume plaintiff practice with an initial specialty in premises liability cases at Titus Law after venturing out on his own in 2014 from Bovis, Kyle, Burch & Medlin, where he'd handled defense litigation and business law. Titus' practice had grown to include an associate and two paralegals, and he partnered with Smith to take on more high-stakes cases.

Smith gained experience first on the defense side at Nelson Mullins Riley & Scarborough and then as a plaintiffs lawyer at Shiver Hamilton. Last year, he won a $5 million jury verdict on a car accident case he tried with Shiver Hamilton partner Scott Campell. "I wanted to do something in Avalon with another like-minded lawyer—Titus—using my trial experience in these bigger, serious injury and wrongful death cases," Smith said about why he partnered with Titus.

Titus Smith's high-tech approach to case management and strategic use of offers of judgment are helping the two law partners close cases and bring in new work, Titus said, even with courts closed and working remotely.

The firm uses iPads to handle all aspects of a case, from intake to closing, he said, aided by e-signature technology like DocuSign. It uses practice management software Clio's document automation feature to quickly populate engagement letters and other documents with case-specific information.

To organize and track 100-plus cases in real time from anywhere, Titus Smith uses Slack. There is a Slack channel for each individual case, Titus said, so anyone touching the file can record case strategy, estimated value, communications with defense lawyers or attach documents.

"A case is a project—so Slack is a way to consolidate project-based communication," he explained. "Instead of searching through our email inboxes or practice management system to review the case strategy, we can go to the Slack channel for each case, and all the communication is right there."

That allows for real-time communication about cases, Titus said, even if a lawyer is out working on another case.

'Strategic' Settlements

Court closures have held up some cases, Titus said, like one for a client who suffered a traumatic brain injury in an industrial explosion that they were hoping to try in July. Settlement is deadlocked, and it likely won't go to trial until late 2021 because of the case backlog in courts.

But they've been able to settle others. "You have to be strategic about what can realistically close and what needs a jury fire under it," Titus said.

Cases "ripe for an offer of judgment—especially where there's a good chance of a bad faith claim if the defense rejects our demand," are the ones they've been able to close, he said, explaining that offers of judgment have not been stayed, so a potential bad faith claim for the defense "is still heat."

Titus initially built his plaintiffs practice by taking smaller cases on referral from other attorneys—at first, mostly slip-and-fall cases, because he'd defended a lot of those cases at Bovis Kyle. Within three years, Titus said, he was handling about 200 plaintiffs cases annually, generally with settlement ranges of $100,000 or less.

"I found at Bovis Kyle that I could win an astonishing number of good premises cases on summary judgment, because plaintiffs lawyers didn't know the law well enough to ask the right questions in depositions," he said.

Looking forward, Titus Smith's founders said they plan to hire more lawyers and staff as the firm grows. "Every part of our practice is growing—including the late-night pro bono from Covid," Titus said, adding that he and Smith view pro bono as an important part of their calling as lawyers.

That included drafting a COVID-19 liability waiver for COVID-19 liability for Perimeter Church's day camp. The John's Creek megachurch, which both Titus and Smith attend, provides camp for hundreds of kids each year—even busing in campers from other parts of metro Atlanta.

The church has not yet decided if it will hold camp this summer, Smith said. "They provide such a valuable service to all these families–but they're aware of the potential risks too."

They have also provided pro bono advice on returning to the workplace for local small businesses in their community. "The pandemic is a legal issue, so we feel that as lawyers, we need to step up," Titus said. "We want to help."