a few judicial opinions conclude that the insured is the lawyer’s only client or require parties to give special consent to dual representation of both insured and insurer. Most decisions, however, have found that, absent a conflict of interest, the lawyer ordinarily represents both the insured and the insurance company.
If you have one of these claims, you’re more likely to need legal help. “If you believe you have an insurance claim, it is always better to contact a lawyer before you speak with any insurance representative,” says Allen Patatanyan, co-founder of West Coast Trial Lawyers in Los Angeles.
Ethics rules offer a deceptively simple answer to the question of who the client really is when a lawyer represents a corporation. Rule 1.13 of the ABA Model Rules of ProÂfessional Conduct, for instance, states: “A lawÂyer employed or retained by an organization represents the organization acting through its duly authorized constituents.”
The answer is crucial, however, to establishing whether a lawyer-client relationship exists. And the creation of that relationship triggers a series of legal and ethical duties that the lawyer owes to the client on such vital matters as confidentiality and conflicts of interest.
As a general rule, it is the client's job to make the major decisions in their case. The lawyer is required to abide by these decisions according to the client's desires.
Your lawyer is responsible for making decisions regarding legal procedures and legal strategies. The lawyer's tasks mainly deal with technical, legal, and tactical matters, since the client is not expected to know the ins and outs of court procedures. For example, lawyers are responsible for the following tasks:
You are responsible for making all the substantive decisions of your case, including: Whether to pursue a lawsuit or settle the legal matter out of court (you still may need a lawyer to represent you in out-of-court settlements) What type of plea you will be entering, i.e., guilty, not guilty, no contest, etc.
Thus a main role of the lawyer is to arrive at a balance between the client's particular needs and the requirements and limitations imposed by the law. The lawyer is basically a mediator between the client on the one hand and the legal system on the other (including the court, judges, and opposing lawyers).
The best way to avoid such conflicts is to communicate clearly and frequently.
As mentioned, it's the client's decision whether to pursue a trial or to settle. However, it is also the lawyer's responsibility not to file a lawsuit that is frivolous or lacking merit. In this situation, the lawyer and client would need to discuss whether the lawsuit has the proper basis to be filed in court.
Even still, the lawyer is required to consult with the client about the course of action to be taken according to the law. This means that you and your lawyer will need to cooperate thoroughly and communicate very clearly regarding what you wish to achieve in court.
The insured made multiple demands on its insurer and defense counsel to tender policy limits to plaintiffs’ counsel. On several occasions, the insured expressed its concern over exposure to a judgment in excess of policy limits. In one letter to defense counsel, the insured explicitly stated “We are your client.
Defense counsel owes a duty of confidentiality to the insured, regardless of the tripartite relationship with the insurer. Three, if the insured has questions concerning coverage under the policy, defense counsel should refer the insured to the insurer. Four, defense counsel should keep the insured and the insurer informed ...
Because defense counsel did not keep the insured informed, the court found that the insurer failed to meet its enhanced obligation of good faith. This breach estopped the insurer from denying coverage.
Most insurance policies give the insurer the right to control the defense and settlement of claims against the insured. Notwithstanding these contractual rights, courts and legislatures often limit the insurer’s control over the defense where conflicts of interest exist between the insurer and the insured. Potential conflicts of interest are ...
Defense counsel’s options include: (1) disclosing that information to the insurer; (2) withholding that information from the insurer; or (3) analyzing whether that information is protected by the attorney-client privilege before disclosing it to the insurer.
If the insured is not timely advised of the possibility of a conflict of interest, and the right to independent counsel, the insurer may be estopped to deny coverage, even where valid coverage defenses exist. Alabama Allows the Insurer to Control the Defense under an ROR if Certain Criteria Are Met.
When asked how he justified not telling the insurer to settle in the face of a demand by the insured to do so, defense counsel stated he was being paid by the insurer, although he recognized that the insured was his client. Judge Guin ultimately concluded the insurer’s ROR charged defense counsel with certain duties.
“In all 50 states,” Steel points out, “the Doctor’s Lien, or Letter of Protection as it is also called in some states, creates a fiduciary relationship, making the lawyer trustee of settlement funds for the benefit of the client, the doctor and, finally, the attorney.
Specializing in personal injury cases and representing chiropractors for over 35 years, Steel explains that a lien, “It is a binding, enforceable, written contract signed by the patient, attorney and health care provider requiring bills to be paid from the proceeds of settlement prior to the individual receiving any funds.”
Depending on the legal structure of the firm, they might be called "Members" or "Shareholders.". While law firms often have a "Managing Partner" who runs the operations of the firm, most firms do not typically use the more corporate-style language of "CEO" or "President.". Associates: Lawyers who are employed by a firm, but who aren't owners, ...
Associates: Lawyers who are employed by a firm, but who aren't owners, are usually called "associates.". Associates can be excellent lawyers, but typically have less experience than the partners of the firm. Much of their work will be reviewed by partners, and they may have very little personal contact with clients for their first few years at ...
He or she is the firm's initial contact with the outside world, and generally answers phones and greets clients at the door . Some receptionists double as paralegals or legal assistants, depending on the nature of the law firm.
Law clerks: Law clerks are ordinarily current law students working at a firm for academic credit, or for a small amount of money. Clerks will do legal research and otherwise assist lawyers in preparing cases and working on other law-related matters. Like associates, firms will bill out clerks at a much lower rate than partners.
Legal assistants: This is a catchall term that is sometimes used by law firms to describe anyone in a law office who assists attorneys in working on legal matters. It may include paralegals, legal secretaries, and other support staff.
Typically, the law office hierarchy can include any of the following people: Partners: People commonly refer to the owners of a law firm as being the "partners.". Partners are usually the most experienced lawyers in a firm and, consequently, they charge the highest fees and receive a share of the overall profits.
Investigators: Depending on the type of law they practice, some law firms will hire their own investigators who investigate background facts on a case. This is particularly common in criminal or personal injury practices.
“Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.
And that’s when he and his wife decided to lawyer up. Which was easy for November because he is a lawyer. November asked the insurance company to replace the adjuster, which it did. The new adjuster, a fellow Clevelander, understood the extent of the damage to November’s home and helped him get the full claim approved.
Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include: Claims where you and the insurance adjuster don’t agree early on. Expensive or complex claims.
When your case is settled, you may be left with medical bills, especially if you do not have health insurance, or even if you do, your health insurance may not pay all of your bills.
Also, a medical provider may be agreeable to accepting a lesser lump sum balance from a client. If the client does not pay/negotiate the bills, a lawsuit may be filed over nonpayment.
The lawyer may disregard the third person’s claimed interest if the lawyer reasonably concludes that there is a valid defense to such lien, judgment or agreement.”. The bar rules also state, “when in the course of representation a lawyer is in possession of funds or other property in which both the lawyer and a client or a third person claim ...
Sometimes , a client will want to pay their bills from their part of the settlement, and this may be at odds with the lawyer’s needing to pay the bills directly to the medical provider from funds from the client’s part of the settlement.
The better practice is for the lawyer, with the consent of the client, to attempt to negotiate the lien/bill lower based on the arguably valid defense to the lien, agreement or judgment, and pay the bill. Also, it is not completely clear, but seems to be fine if a client has outstanding bills, but no lien, judgment or agreement to pay exists ...
Georgia Bar Rule, 1.15 (I) states, “ a lawyer may not disregard a third person’s interest in funds or other property in the lawyer’s possession if: The interest is based upon one of the following: a statutory lien; a final judgment addressing disposition of those funds or property; or a written agreement by the client or the lawyer on behalf ...
Also, it is not completely clear, but seems to be fine if a client has outstanding bills, but no lien, judgment or agreement to pay exists regarding those bills, that the lawyer, who has no knowledge of a third party interest, may pay that settlement money for the bills to the client, and have the client pay the medical bills.
Malpractice insurance, also known as professional liability insurance, protects licensed professionals from liabilities associated with wrongful practices resulting in injuries or damages. It also helps them with the cost of defending themselves in lawsuits that are related to those claims. 7 .
Even when you do everything according to proper procedure, defending yourself against claims can cost thousands of dollars, so professional liability insurance—also known as malpractice insurance—is a necessity to protect yourself. Malpractice insurance protects you if a client says you made a mistake or committed some accidental wrongdoing ...
Students doing clinical work can get student malpractice insurance for as little as $30 per month. Proliability offers a range of coverage options depending on your industry, and you can choose between claims-made or occurrence-based coverage.
High-dollar settlements and judgments also affect premiums, and some states have changed laws adjusting the statute of limitations, making it possible for more people to sue in court. All of these factors combine to add a larger burden on insurance companies, driving up insurance premiums. 15 .
Healthcare Providers Service Organization (HPSO) has a stellar reputation and offers comprehensive professional liability policies. With its multiple premium discounts, it has affordable policies for therapists' offices, and you can take your coverage with you if you leave your job.
For solo attorneys in need of malpractice insurance, 360 Coverage Pros offers coverage at a relatively low cost, backed by one of the world’s biggest and most respected insurance companies, with policies that are designed to deal with the frequent lawsuits filed by clients who didn't win.
Social workers can use the tools to build their own insurance packages based on questions that directly address a social worker's business practices. If you don’t know what coverage you need, you can use the insurance assessment tool to see what kind of insurance you should get and what limits you need.
When an expert is hired to provide assistance in anticipation of litigation, rather than providing legal advice, the attorney-client privilege will not apply. This is because the expert is not being called to assist an attorney in determining a proper course of action, wherein privilege attaches, but rather the attorney is being called in to protect a client’s financial or liberty interests through advocacy. However, the communications may still be protected under Federal Rule of Civil Procedure 26.
Experts are divided into two categories under the Federal Rules of Evidence: testifying experts, and “experts employed only for trial preparation,” also known as consulting experts. Federal Rule of Civil Procedure Rule 26 (b) provides for the protection of facts known to a consulting expert as follows:
A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) . . . [1]
The disparity between the treatment of a consulting expert and a testifying expert is clear—a testifying expert must disclose things a consulting expert does not have to disclose. When determining whether to identify an expert as a testifying expert or a consulting expert, it is a good idea to consider how one intends to use the expert, ...