How to Avoid Ethics Violations as Insurance Carrier Selected Defense Counsel

Date: June 23, 2009
Time: 2:00-3:40 pm ET
CLE Credit: View the CLE credit details. 1.5-2.0 Ethics CLE credits, depending on state requirements.

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Agenda and Speakers

How to Avoid Ethics Violations as Insurance Carrier Selected
Defense Counsel

• When is there a conflict of interest for insurer-selected counsel? (Model Rule 1.7)
• Who is a client?
– Does that make a difference for attorney-client privilege?
• What does defense counsel need to tell the insured at the outset of the representation? (Model Rules 1.2 and 1.4)
• Working with the adjuster (Model Rules 1.4 and 1.7)
– Reporting to the adjuster
– Consulting with the adjuster
– Dealing with adjuster decisions
• Watching for and reacting to possible divergence of interests between insurer and insured (including confidentiality issues) (Model Rules 1.6 and 1.7)
• Excess exposure issues (Model Rules 1.4 and 1.7)
Elizabeth A. Alston, Alston Law Firm, LLC, Covington, LA
Arden J. Olson, Esq., Harrang Long Gary Rudnick P.C., Portland, OR
George R. Ripplinger, Esq., Ripplinger & Zimmer LLC, Belleville, IL