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        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.

 

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Last modified: 01/03/08