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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, January 24, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide insurance defense counsel through the increasingly important topic of insurer claims against defense counsel for legal malpractice committed while defending the insured. The program will review common errors, whether a cause of action exists and who may assert it, how liability is established, whether and how work restrictions and counsel guidelines imposed on defense counsel affect liability, how damages are proved, and whether and how the attorney-client privilege or work product protection of the insured affects the case.

Faculty

Kimberly K. Berman
Shareholder
Marshall Dennehey Warner Coleman & Goggin P.C.

Ms. Berman is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department and is board certified in Appellate Practice by the Florida Bar. She has litigated numerous appeals in Florida state and federal appellate courts across a wide variety of subject matters in cases involving medical malpractice, construction defect, insurance coverage, bad faith, maritime, aviation and premises liability. Ms. Berman handles the brief writing, motion practice and oral arguments. In addition to her extensive appellate practice, Kimberly provides litigation support in insurance coverage, construction defect, premises liability, professional malpractice and bad faith cases.

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Alan P. Jacobus
Attorney
Alan P. Jacobus, Attorney at Law

Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.

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Jennifer M. Guerra
Member
Stites & Harbison, PLLC

Ms. Guerra's practice has focused exclusively on civil litigation and litigation-related issues, including the appellate process, in both state and federal courts. She has represented clients in mediation, bench trials, administrative & evidentiary proceedings and motions practice.

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Description

Insurance defense firms face an accelerating risk of legal malpractice claims from the insurers that retain them as well as excess carriers. Recent market research reveals that the severity of malpractice claims is spiking due to increased costs and the complexity of claims.

A growing number of states allow insurers to sue defense counsel, but the theories of liability and defenses vary by jurisdiction. This creates a complicated set of considerations for courts that must consider the applicable law, the relationship between the parties, and relevant policy language.

Establishing liability and proving damages may be further complicated by work restrictions and counsel guidelines as well as the attorney-client privilege or work product protection of the insured.

Listen as this experienced panel shows insurance defense counsel the perils of insurer claims against defense counsel, discusses what kinds of errors give rise to claims, and offers strategies for preventing them.

Outline

  1. Common errors and strategies for avoiding them
  2. Theories of liability
    1. The tripartite relationship theory
    2. Third-party beneficiary
    3. Equitable subrogation
    4. Restatement (third) of the law governing lawyers
  3. Defenses and related considerations
    1. Work restrictions and counsel guidelines
    2. Attorney-client privilege or work product protection
  4. Damages

Benefits

The panel will review these and other key issues:

  • What are the main theories of liability asserted against defense counsel?
  • What errors most often give rise to legal malpractice claims and how can defense firms prevent them?
  • Do the attorney-client privilege or work product protection affect defenses?