Personal counsel is counsel retained by an individual or company being sued or facing the potential for litigation involving claims that exceed insurance policy limits and/or involve claims that may not be covered by insurance.
For example, in medical malpractice claims, personal counsel is a lawyer selected by a physician to provide objective and independent advice regarding the case. Personal counsel will advise the physician regarding the decision to consent to settle a case and the ramifications of a settlement or judgment. Personal counsel is not hired by the physician’s insurance carrier. The relationship is truly “personal” to the physician.
There are many instances where a person or company should retain personal counsel to represent the interests of the person or company. Personal counsel should monitor the case and, when necessary, address issues that may impact insurance coverage. Examples include:
· Cases that could result in a judgment that exceeds insurance policy limits;
· Any licensed professional that has been sued;
· Bet the company cases where the amount of insurance may not be enough;
· Cases where the insurance company disputes either the fact or amount of available insurance coverage;
· Cases that involve potentially uncovered claims (such as intentional or criminal acts and/or punitive damages) or a mix of covered and uncovered claims; and
· Cases where other factors (such as adverse publicity) may affect the decision to settle a case.
If you are involved in a lawsuit involving claims that exceed insurance policy limits or claims not covered by insurance, We can help. Contact OVERTON LAPUYADE to consult with an attorney who has experience providing personal counsel services.