|


| |
Lawyers specializing in other
fields are often dismayed when confronted with coverage issues. From a
plaintiff's perspective, an unexpected coverage issue can turn a viable target
defendant into a judgment-proof one; a collectible final judgment into a
worthless piece of paper. From a defendant's perspective, a coverage issue can
mean the difference between having an insurance company bear defense costs and
having to bear them yourself; between having coverage and being uninsured. To make matters worse, coverage law can
be complicated, obscure, and uncertain; definitely not something cheaply or easily picked
up "on the fly." It also requires a high degree of familiarity with both the
industry and common policy language. Most non-coverage lawyers neither
need, have, nor desire such familiarity, and lack the time to acquire it.
Even if they have the requisite
coverage experience, lawyers often find themselves prohibited from
addressing coverage issues. This is particularly common in the tri-partite
relationship that applies to much civil defense work, in which the insurer
retains defense counsel and pays defense costs on behalf of an insured. Defense
counsel retained by an insurer to defend an insured will usually be very
reluctant to advise either the insured or the insurer about any coverage issues
that might arise during the litigation -- and with good reason.
Enter the "consulting attorney."
Acting as either your consultant or co-counsel (depending on the needs of the
case), Tom can provide a range of services for lawyers and law firms lacking
their own in-house coverage expertise. He can provide coverage opinions,
identify and explain the coverage issues, supply you with pertinent statutory
and case law, and help you to deal with the issues (or deal with them himself, as your
ad hoc co-counsel). When retained defense counsel believes his
client needs independent coverage counsel, but is unable to act in that role,
Tom can do so.
Key Benefits
-
Experienced coverage counsel available to
you and/or your client on an as-needed basis.
-
A flexible relationship, determined by the
needs of the specific case. Tom can be consulting coverage counsel for
you, or your co-counsel, or independent coverage counsel for your
client.
-
No risk of exposing your client to another
law firm that might end up supplanting you. Tom is a sole practitioner
with a niche practice. He does not need or want to horn-in on your work.
|