Professionalism and Ethics CommitteeMission Statement 2024-2025 Co-chairs
Committee News Articles January 6, 2025 An attorney retained by an insurer to represent an insured in a car wreck case is being sued for not anticipating a monetary restitution ruling in the companion criminal case. Here, the civil suit was settled for the policy limits and then the criminal case against the insured proceeded with the court ordering that the insured pay the claimant’s attorneys fees in the civil suit as restitution. Even though it was not possible for the civil suit settlement to totally eliminate the insured's legal obligation to pay criminal restitution, the court found actionable the insured’s contention that the insurance defense attorney negligently drafted the settlement because he should have allocated between economic and non-economic damages to minimize the criminal restitution award holding: We reject the suggestion that an attorney cannot be sued for malpractice with respect to matters outside the scope of his or her client contract or retainer agreement … Here, Go's allegations demonstrate his claims rely at least in part on an asserted duty within the scope of defendants' representation: to competently draft the settlement and release in the civil wrongful death action.
Selected Presentations and Papers Insurance Defense Counsel Must Be Cautious in Sharing Information with the Insurer Insurer Guidelines and Third Party Bill Reviews: Ethical and Practical Ramifications Locking Others Out Of Your Confidential Communications With Coverage Counsel
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