No fault litigation occupies an interesting place in the legal system. A method of avoiding the costs and hassle of legal battles, no-fault litigation comes with some potential pitfalls of its own, not the least of which is the ethical considerations of working slightly out-of-bounds of the standard system.
This CLE course will explore those ethical considerations and how to navigate them in the process of no-fault litigation. The course will cover how to maintain clear communication in the absence of the customary attorney/client relationship, creating effective retainer agreements and avoiding conflicts of interests. Special attention will be paid to the issue of confidentiality and client advertising and solicitation.
The course will also cover the issues of privileged communications, how to handle lack of cooperation by the insured, punitive damages, excess letters, intentional acts, reservations of rights, and adverse representation. The course will conclude by addressing coverage questions.