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Ch. 2 - part.2 Basic elements oflaw practice 1
Professional ResponsibilityCh. 2 basic elements of lawpracticePart 2
Termination, Competence, AllocatingDecision-making Between aw!er "Client
Prof. #eorge $. Conk%enior &ellow, %tein Center for aw "'thics, &or(ham aw %chool
)oom *-122
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'n(ing the attorne! client
relationship
Termination
Ch. 2 - part.2 Basic elements oflaw practice 2
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Q. 2-21 Was transferring files for reviewproper?
(A) Yes, because Alpha knows thatBeta is competent to protect theclients interests.
(B) Yes, because Beta agreed to treatthe information in the les ascon dential.(C) Yes, because gi en her medicalcondition, Alphas deli er! of the leswas necessar! to protect the clientsinterests.(")#o, because Alpha did not obtainCh. 2 - part.2 Basic elements oflaw practice
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Transferring the file due todisability Q. 2-21 p. 2
Was Attorney Alpha obligated to
withdraw after su ering a heart
attack?
What options did he have?
Was it proper for Alpha to deliver
the les to Beta for review?
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RP! 1.1" #andatory withdrawal01 the representation will res lt in
iolation of the ) les of ProfessionalCon( ct or other law3
02 the law!er4s ph!sical or mentalcon(ition materiall! impairs thelaw!er4s abilit! to represent the
client3 or0 the law!er is (ischarge(
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Ch. 2 - part.2 Basic elements oflaw practice 6
R. 1.14 Client With Diminished Capacity
(a) When a client s capacity tomake ade!uately considereddecisions""" is diminished (dueto)
minoritymental impairment# orother reason the lawyer shall# as far as
reasonably possible# maintain anormal client-lawyerrelationship
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Q. 2 22 p. 83 Electco
$ust the attorney abide
by his client%s &udgment
and go to trial rather than
seek settlement?
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Q. 2-22 p. $ Electco$ust Attorne! withdraw as counsel in
the case%(A) Yes, if &lectco is controlling
Attorne!s 'udgment in settling the
case.(B) Yes, because a law!er shouldendea or to a oid litigation.
(C) #o, if &lectcos defense can besupported b! a good faith argument.(")#o, because as an emplo!ee,
Attorne! is bound b! the instructionsof the eneral counsel.
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#RP! $.1 #eritorious !laims and!ontentions
A law!er shall not bring or (efen( aprocee(ing, or assert or contro ertan iss e therein, nlessthere is a basis in law an( fact for(oing so that is not fri olo s, whichincl (es a goo( faith arg ment for ane8tension, mo(i9cation or re ersal ofe8isting law.
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When you and the %lient don&tagree
$hen " wh! ma! a law!er be
compelle( to work against her will;
$hat is ict of interest? in $hiting .
acara;
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Q. 2-2$ p. $ May the attorneywithdraw from the representation?
(A) Yes, because the Client agreed, and the Attorne! ga e the client su cient notice toobtain replacement counsel.(B) Yes, because the Client had made itunreasonabl! di cult for the Attorne! tocarr! out the representation e ecti el!.(C) #o, because the Court denied the
Attorne!s re*uest to withdraw.(")#o, because the Attorne!s withdrawalwould cause material pre'udice to the Client,and the Clients agreement was not
oluntar!. Ch. 2 - part.2 Basic elements oflaw practice 12
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Q. 2-2'( p. )* +s advan%e %onsent towithdrawal for non-payment proper?
(A) Yes, because +the nancial burden ofcontinuing the representation was..substantiall! greater than the partiesanticipated at the time of the agreement.(B) Yes, because the clients consented tothe withdrawal in the stipulation.(C) #o, because a clients failure to pa!
fees when due ma! be insu cient in itselfto 'ustif! withdrawal.(") #o, unless clients are pro ided anopportunit! to seek independent legalad ice before signing the stipulation.Ch. 2 - part.2 Basic elements oflaw practice 1
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Q. 2-2,( p. )1 re we neutral partisans/?
What conception does ' *"*+
present?
Are we simply ,mouthpieces ?
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#RP! 1.1" 0b permissive withdrawal01 with(rawal can be accomplishe(
witho t material a( erse e@ect on
the interests of the client3
02 the client persists in a co rse of
action in ol ing the law!er4s ser ices
that the law!er reasonabl! belie es
is criminal or fra ( lent3Ch. 2 - part.2 Basic elements oflaw practice 1/
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#RP! 1.1" 0b permissive withdrawal0 the client has se( the law!er4s
ser ices to perpetrate a crime or
fra (
0 the client insists pon taking
action that the law!er consi(ers
rep gnant or with which the law!er
has a f n(amental (isagreement3Ch. 2 - part.2 Basic elements oflaw practice 15
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#RP! 1.1" 0b permissive withdrawal0/ the client fails s bstantiall! to
f l9ll an obligation to the law!er
regar(ing the law!er4s ser ices an(
has been gi en reasonable warning
that the law!er will with(raw nless
the obligation is f l9lle(
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#RP! 1.1" 0b permissive withdrawal05 the representation will res lt in an
nreasonable 9nancial b r(en on the
law!er or has been ren(ere(
nreasonabl! (i c lt b! the client3
or
06 other goo( ca se for with(rawal
e8ists.Ch. 2 - part.2 Basic elements oflaw practice 1*
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o%al Rule 1.' - 3456An attorney who has appeared
as attorney of record for a party
may be relieved or displaced
only by order of the court and
may not withdraw from a case
without leave of the court
granted by order"
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o%al Rule 1.' - 3456.uch an order may be granted
only upon a showing by a/davit
or otherwise of satisfactory
reasons for withdrawal or
displacement and the posture of
the case# including its position# if
any# on the calendar .
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7R!P 11
Attorne!s ha e a ( t! to the co rtnot to make
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Ch. 2 - part.2 Basic elements oflaw practice 22
CLIEN !L"W#ER REL" I$N%&I'
Rule 1.2: Scope of Representationand Allocation of Authoritybetween lient and !awyer
(a) 0 a lawyer shall abide by a
client s decisions concerningthe ob&ectives of representationand#
0 consult with the client as to themeans by which they are to bepursued"
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Ch. 2 - part.2 Basic elements oflaw practice 2
uthority Reserved to a !lient)estatement 22
e cept when the client has alidl!authori-ed the law!er to make the
particular decisionWhether and on what terms to settle a claim 1ow a criminal defendant shouldplead
2o waive a &ury trial in a criminal caseWhether a criminal defendant shouldtestify
2o appeal in a civil proceeding or
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Ch. 2 - part.2 Basic elements oflaw practice 2
uthority Reserved to a !lient a client may revoke a lawyer sauthority to make suchdecisions A client may not validly
authori3e a lawyer to makesuch decisions when other lawre!uires the client s personal
participation or approvale"g" - criminal-procedure rules re
pleas# &ury-trial waiver# and
defendant testimony
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Ch. 2 - part.2 Basic elements oflaw practice 2/
uthority Reserved to awyer Restate"ent # 2$A lawyer retains authority thatmay not be overridden by theclien t4
(*) to refuse to perform#counsel# or assist acts thelawyer reasonably believes to
be unlawful 5(6) to make decisions or takeactions the lawyer reasonably
believes to be re!uired by law
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Ch. 2 - part.2 Basic elements oflaw practice 25
uthority Reserved to awyer aw!er (eci(es after cons ltationE
what witnesses to callwhether and how to cross-e7amine
what &urors to accept or strikewhat trial motions to makeall other strategic and tactical
decisionsource/ ABA tandards 0elating to the Administration of Criminal 1ustice 2345.6(b) (6d ed.7896)
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+ want to bury them/
Far! has s e( 0with apparent goo(
ca se her ncle, a nt, an( 9rst
co sins.
%he sa!s to her attorne!E iss e
s bpoenaes to (eposition for 1: AFon Christmas ' e. The!Gre not going
an!where for Chirstmas?Ch. 2 - part.2 Basic elements oflaw practice 26
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(odel R)le 4.4 Respect *o+ Ri,hts o*hi+d 'e+sons
0a Hn representing a client, a law!ershall not se means that ha e nos bstantial p rpose other than toembarrass, (ela!, or b r(en a thir(person , or se metho(s of obtaininge i(ence that iolate the legal rights
of s ch a person.
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The biggest challenge8. !ompeten%e
Ch. 2 - part.2 Basic elements oflaw practice 27
4i %i li
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4is%iplineQ. 2-2" p.)2
:s Attorne! sub'ect to discipline fornot initiall! ling a responsi e pleading to the counterclaim%(A) Yes because he neglected thecase(B) Yes, unless Attorne! had askedlea e of court to withdraw.0C Io plainti@ breache( hisagreement to pa!0D Io beca se plainti@ s @ere( noloss Ch. 2 - part.2 Basic elements oflaw practice :
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Q. 2!2- pon "tto+ney/s ad0ice Witnesspe+sisted in he+ +e*)sal to ans e+
$itness was s bse= entl! con icte(for her ref sal to answer. Hs Attorne!s bJect to (iscipline;.
0A Kes, beca se Attorne!Gs a( ice to$itness was not legall! so n(.0B
Kes, beca se $itness, in acting on
Attorne!Gs a( ice, committe( acrime.0C Io, if the o@ense $itnesscommitte( (i( not in ol e moralt rpit (e.0D Io, if Attorne!reasonabl! belie e( $itness ha( aCh. 2 - part.2 Basic elements oflaw practice 1
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Q. 2-2 p. )$ Is the sole practitionersubject to discipline?
(A) Yes, because the sole practitionerneglected the defendants case.(B) Yes, because the sole practitionershared fees with the recentl!admitted law!er.
(C) #o, because the defendant agreedin writing to the co4counselarrangement.
(") #o, because the appellate court
indicated that the defendants appealCh. 2 - part.2 Basic elements oflaw practice 2
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Q. 2-2) p. )' 9mergen%y %allWas the attorney%s conduct
proper?
&A'(es) because neither referral
to another lawyer nor
consultation with another
lawyer was practical under the
circu"stances.
&B' (es) because the attorney wasCh. 2 - part.2 Basic elements oflaw practice
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Q. 2-2) p. )' 9mergen%y %all
& ' *o) because the attorney hadno special trainin+ or e,periencein cri"inal cases. did not have
the re-uisite level ofco"petenceto accept representation in thecase.
& ' *o) because the attorney didnot have the re-uisite level of
co"petence to acceptCh. 2 - part.2 Basic elements oflaw practice
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Ch. 2 - part.2 Basic elements oflaw practice /
R)le 1.1 CompetenceA lawyer shall provide competent
representation to a client "ompetent representationre!uires the
8egal knowledge.kill2horoughness and preparation'easonably necessary for therepresentation "
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Q. 2-$* p. )" Although the associate prepareddiligently, the landlord lost the trial. Isthe attorney subject to discipline?
(A) Yes, because the attorne! did notensure that the associate wascompetent to conduct the trial on herown.(B) Yes, because the landlord lost thetrial.
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Q. 2-$* p. )" Although the associate prepareddiligently, the landlord lost the trial. Isthe attorney subject to discipline?
(C) #o, because the attorne! couldreasonabl! assume that, ha ingbeen admitted to the bar, the
associate was capable of conductingthe trial.(") #o, because the landlord did notob'ect to the associatesre resentation.Ch. 2 - part.2 Basic elements oflaw practice 6
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2-$1( p. ): egal assistant mispla%esfile( %ase filed late
(A) Attorne! is sub'ect to ci il liabilit!and is also sub'ect to discipline onthe theor! of respondeat superior(B) Attorne! is sub'ect to ci il liabilit!or is sub'ect to discipline at Clientselection.
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2-$1( p. ):
(C) Attorne! is sub'ect to ci illiabilit! but is #;< sub'ect todiscipline unless Attorne! failed tosuper ise the legal assistantade*uatel!.(") Attorne! is #;< sub'ect to ci illiabilit! and is #;
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Ch. 2 - part.2 Basic elements oflaw practice :
R)le 1.3 Dili,ence
A lawyer shall act with
reasonable diligence and
promptness in representing a
client"
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Ch. 2 - part.2 Basic elements oflaw practice 1
R)le 1.4 Comm)nication
(a) A lawyer shall4
(*) promptly inform the client ofany decision or circumstance withrespect to which the client sinformed consent 0 is re!uired0
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#RP! 1.1 !omment
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Ch. 2 - part.2 Basic elements oflaw practice
R)le 1.4 Comm)nication
(6) reasonably consult with theclient about the means by whichthe client s ob&ectives are to beaccomplished
(9) keep the client reasonablyinformed about the status of thematter
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Ch. 2 - part.2 Basic elements oflaw practice
R)le 1.4 Comm)nication(:) promptly comply withreasonable re!uests forinformation
(;) consult with the client about0limitations on the lawyer sconduct when the lawyer knows
that the client e7pects assistancenot permitted by the ' %s orother law"
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Prospe%tive %lient Q. 2-$$( p. 1*"
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malpractice!ivil liability
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ene+al p+inciple Restatement 48,a lawyer is civilly liable for
professional negligence to aperson to whom the lawyer owesa duty of care
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#alpra%ti%e iability=egligence
Breach of >duciary duty.tandard of care rule# custom#statute# protocols@iolation of rule or statute=onclients
ontract of 2ort?irm and partner iability
Ch. 2 - part.2 Basic elements oflaw practice *
Q 2!32 p 156 Is the atto+ney s)7 ect to
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Q. 2!32 p. 156 Is the atto+ney s)7 ect toci0il lia7ility9
0A Kes - the attorne! falsel! a( ertise(his a ailabilit! for me(ical malpracticecases.
0B Kes- the attorne! (i( not a( ise theman as to the (ate the stat te oflimitations wo l( e8pire.
0C Io -the attorne! (i( not iolate an!( t! owe( to the man.0D Io - the attorne! o@ere( to referthe man to another law!er.Ch. 2 - part.2 Basic elements of
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Q. 2-$$ p. 1*" + should&ve had a bettersettlement Ron is
0A not barre( from s ing Lane aw!er.0B barre( from s ing Lane aw!erbeca se he ol ntaril! agree( to thesettlement.0C barre( from s ing Lane aw!erbeca se the settlement was fair.0D barre( from s ing Lane aw!er
nless Lane intentionall! mislea( )onregar(ing the terms of the settlement.
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:ie,elheim 0. "pollo ;N< 1==2> p. 15- The fact that a part! recei e( a
settlement that was Mfair an(
e= itableM (oes not mean necessaril!
that the part!4s attorne! wascompetent or that the part! wo l(
not ha e recei e( a more fa orablesettlement ha( the part!4s
incompetent attorne! beenCh. 2 - part.2 Basic elements oflaw practice /1
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:ie,elheim 0. "pollo ;N< 1==2> p. 15-Attorne!s who p rs e reasonable
strategies in han(ling their cases an(
who ren(er reasonable a( ice to
their clients cannot be hel( liable forthe fail re of their strategies or for
an! npro9table o tcomes thatres lt beca se their clients took their
a( ice. Ch. 2 - part.2 Basic elements oflaw practice /2
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Question 2-$'( p. 111 ",+eement to+elease atto+ney *+om lia7ility
Hs the attorne!Gs retainer agreementwith the client proper;0A Kes, beca se the attorne!f rnishe( consi(eration b! agreeingtoret rn the clientGs 9le.0B Kes, beca se the attorne!reasonabl! belie es that his fee isfair an( that the = alit! of his work
will be competent.Ch. 2 - part.2 Basic elements oflaw practice /
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Q. 2-$' +elease *+om lia7ility
0C Io, beca se the attorne! isattempting to limit his liabilit! formalpractice.0D Io, beca se the attorne! ses apreprinte( form for allretainers
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Q. 2-$, greement to settle %laimWas attorney&s %ondu%t proper?
0A Kes, if Attorne! a( ise( B !er inwriting that B !er sho l( seekin(epen(ent representation before(eci(ing to enter into the settlementagreement.0B Kes, beca se Attorne! reasonabl!
belie e( that the propose(settlement was fair to B !er.
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Q. 2-$, ",+eement to settle claimWas atto+ney/s cond)ct p+ope+9
0C Io, beca se Attorne! improperl!settle( a case in ol ing liabilit! formalpractice while the matter was stillongoing.0D Io, nless B !er was separatel!represente( in negotiating an(
9naliNing the settlement agreement.
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Q. 2-$"( p. 11' Is an a,+eement tolimit +ep+esentation p+ope+9
0A Kes, beca se the client an( notthe attorne! s ggeste( thisarrangement.0B Kes, beca se the attorne! an( theclient ma! agree to limit thescope of the representation so longas the limitation is reasonable n(erthe circ mstances.
Ch. 2 - part.2 Basic elements oflaw practice /6
$
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Q. 2-$"( p. 11' +s an greement to limitrepresentation proper?
0C Io, beca se the attorne! sho l(not limit the scope of therepresentation base( on the clientGsabilit! to pa!.0D Io, beca se the scope of therepresentation ma! not be limite( in
a criminal case.
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erner v. aufer 05; 4 2**$ p. 11,Why is 8aufer not liable when his
agreement contained an
unlawful agreement not to sue?
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erner v. aufer 05; 4 2**$ p. 1*At the heart of this case lies a clash
o er two signi9cant al es to thelegal comm nit!.
The 9rst is the al e more recentl!
(iscerne( an( enco rage( inresol ing (isp tes b! me(iation . Thesecon( is the ol(er, more establishe(
al e percei e( in the resol tion ofcon>ict in a( ersarial procee(ings b!parties represente( b! f ll!in(epen(ent an( empowere(attorne s .
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(R'C 1.5 ;e> In*o+med consent0 the agreement by a person to
a proposed course of conduct
after the lawyer has
communicated ade!uate
information and e7planation
about the material risks of and
reasonably available alternatives
to the proposed course ofCh. 2 - part.2 Basic elements oflaw practice 51
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(R'C 1.2 %cope o* +ep+esentation
(c) A lawyer may limit the scopeof the representation if the
limitation is reasonable under
the circumstances and the client
gives informed consent"
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(R'C 1.8 ;h> " la ye+ shall not01 make an agreement prospecti el!limiting the law!er4s liabilit! to aclient for malpractice nless theclient is in(epen(entl! represente(
in making the agreement3 or
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(R'C 1.8 ;h> " la ye+ shall not02 settle a claim or potential claimfor s ch liabilit! with an
nrepresente( client or former clientnless that person is a( ise( in
writing of the (esirabilit! of seekingan( is gi en a reasonableopport nit! to seek the a( ice of
in(epen(ent legal co nsel inconnection therewith.
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Iew Kork Pattern L r!Hnstr ction
Professional 5egligen%e
5/Ch. 2 - part.2 Basic elements oflaw practice
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Ch. 2 - part.2 Basic elements oflaw practice 5*
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Ch. 2 - part.2 Basic elements oflaw practice 6:
I 2 1?2 C$N /DConsent
$oreover# if an attorney pointsout to the client the nature of
the risks involved in a certain
course of procedure and the
client elects to follow that
course # the attorney is not
responsible for the
conse uences" 6: '
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Ch. 2 - part.2 Basic elements oflaw practice 6
La ye+s/ Ci0il Lia7ility
48 ?5 ?2 ?3 ?4?8
Restatement $ rd
The aw
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Ch. 2 - part.2 Basic elements oflaw practice 6/
and De*enses ene+allya lawyer is civilly liable for
professional negligence to a
person to whom the lawyer owes
a duty of care within the
meaning of H ;I or H ;*
6/
48 '+o*essional Ne,li,ence!!Elements
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Ch. 2 - part.2 Basic elements oflaw practice 65
and De*enses ene+allyif the lawyer fails to e7ercisecare within the meaning of H ;6and
if that failure is a legal cause of
in&ury within the meaning of H
;9#unless the lawyer has a defensewithin the meaning of H ;:"
65
48 '+o*essional Ne,li,ence!!Elements
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Ch. 2 - part.2 Basic elements oflaw practice 66
and De*enses ene+allyGn addition to the other possiblebases of civil liability describedin H :J breach of >duciary duty CH ;; contractual# restitutionary CH ;+ general substantive law
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Ch. 2 - part.2 Basic elements oflaw practice 6*
?5 D)ty o* Ca+e to a Client
a lawyer owes a client the duty
to e7ercise care in pursuing the
client s lawful ob&ectives in
matters covered by the
representation "
6*
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Ch. 2 - part.2 Basic elements oflaw practice 67
= ,2 The 3tandard of !are
(*)0 a lawyer who owes a duty
of care must e7ercise the
competence and diligence
normally e7ercised by lawyers in
similar circumstances"
67
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Ch. 2 - part.2 Basic elements oflaw practice *:
= ,2 The 3tandard of !are
(6) roof of a violation of a rule orstatute regulating the conduct oflawyers4
(a) does not give rise to an impliedcause of action for professionalnegligence or breach of >duciary
duty5(b) does not preclude other proofconcerning the duty of care
*:
= 2 The 3tandard of !are
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Ch. 2 - part.2 Basic elements oflaw practice *1
= ,2 The 3tandard of !are@iolation of an ' # etc"
(c) may be considered by a trier
of fact as an aid in
understanding and applying the
standard of ordinary careC
*1
= 2 The 3tandard of !are
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Ch. 2 - part.2 Basic elements oflaw practice *2
= ,2 The 3tandard of !areto the e7tent that
(i) the rule or statute was
designed for the protection of
persons in the position of the
claimant and
(ii) proof of the content and
construction of such a rule or
statute is relevant to the *2
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Ch. 2 - part.2 Basic elements oflaw practice *
= ,$ !ausation and 4amages
Or(inar! r les of ca sation an((amages appl!
B t see Conklin . annoch
*
?4 De*ensesF '+ospecti0e Lia7ility
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Ch. 2 - part.2 Basic elements oflaw practice *
?4 De ensesF +ospecti0e Lia7ilityWai0e+F %ettlement ith a Client
A lawyer is not liable 0 for any
action or inaction the lawyer
reasonably believed to be
re!uired by law # including a
professional rule"
*
= ?4 cont/d
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Ch. 2 - part.2 Basic elements oflaw practice */
?4 cont/dimiting Prospe%tive iability
(6) An agreement prospectively
limiting a lawyer s liability to a
client for malpractice is
unenforceable"
*/
= ?4 cont/d
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Ch. 2 - part.2 Basic elements oflaw practice *5
imiting Prospe%tive iability
(9) lient may rescind settlementwith lawyer if4(a) sub&ected to improperpressure by the lawyer inreaching the settlement5 or(b) (i) the client was notindependently represented in
negotiating the settlement# and(ii) the settlement was not fairand reasonable to the client orformer client"
*5
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'isk
Professional
iability +nsuran%e
*6*6Ch. 2 - part.2 Basic elements oflaw practice
9lements of Professional iability +nsuran%e
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yApplication
Co erageDefenseHn(emni9cationClaims-ma(eDisclos res)eportingDe( ctibles
imitsAggregatePer claimDefense costs
****Ch. 2 - part.2 Basic elements oflaw practice
h l
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The ppli%ation
Iat re of practice Kears of practice
icensing stat sDisciplinar! histor!Claim istor!Potential claims
*7*7Ch. 2 - part.2 Basic elements oflaw practice
P i l %l i
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Potential %laims
0 At this time, (oes Applicantknow of any act# omission orcircumstance that couldreasonably give rise to aprofessional liability claim againstan! of the followingE the 9rm, an!past or present attorne!s in the 9rm,or an! Pre(ecessor &irm;Gf yes# please provide full detailson >rm letterhead"
7:7:
Ch. 2 - part.2 Basic elements of
law practice
!overage - 1. W&" &I% '$LIC# IN% RE%
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g
a The claim m st arise o t of the
ren(ering of or the fail re to ren(erprofessional services "
b The claim m st be ca se( b! anGnsured n(er this policy or byany person for whose acts#errors or omissions you arelegally liable .
7171
Ch. 2 - part.2 Basic elements of
law practice
'+o*essional %e+0ices means
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'+o*essional %e+0ices meansa services you renderin a lawyer-client relationship asalawyermediatorarbitrator
notary public
7272
Ch. 2 - part.2 Basic elements of
law practice
'+o*essional %e+0ices +ende+ed as
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'+o*essional %e+0ices +ende+ed as
Administratoronservator
'eceiver
D7ecutorKuardian2rustee
or in any similar >duciarycapacity
77
Ch. 2 - part.2 Basic elements of
law practice
'+o*essional %e+0ices means
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'+o*essional %e+0ices means$ember of anAccreditationDthics# peer review
8icensing.tandard reviewBar association or similar
professional board or committee
77
Ch. 2 - part.2 Basic elements of
law practice
L"W#ER% 'R$AE%%I$N"L LI" ILI #
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IN% R"NCE '$LIC#'+oDi+ect EssentialsG
L@D'AKD
2his is a 8AG$.-$AFD A=F'D L'2DF policy with claime7penses included within thelimit of liability"
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law practice
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!overage 1 W&" &I% '$LIC# IN% RE%
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!overage - 1. W& &I% $LIC# IN% RE%
% bJect to the terms, con(itions,
e8cl sions an( limitations of this
policy# we will pay on your behalf
all sums
7676
Ch. 2 - part.2 Basic elements of
law practice
!overage 1 W&" &I% '$LIC# IN% RE%
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!overage - 1. W& &I% $LIC# IN% RE%
which you become legally
obligated to pay as damages
because of any claim(s)
>rst made against you during
the policy period
up to the li"its of this policy "
7*7*
Ch. 2 - part.2 Basic elements of
law practice
!overage > 2. When a Claim is *i+st made
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a) when you >rst receive written
notice that a claim has beenmade5 or
b) when you >rst receiveinformation or have knowledgeof speci>c circumstances involving a particular person orentity which could reasonably bee7pected to result in a claim"
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DEAEN%E "ND %E LE(EN ;INCL DED IN
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(LI(I $A LI" ILI #>
We have the e7clusive right to
investigate# defend andNor settle
any claim made under this
policy# even if the allegations aregroundless# false or fraudulent"
1:11:1
Ch. 2 - part.2 Basic elements of
law practice
+ntentional %riminal a%ts not
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insurableWe are not obligated to defend
any criminal investigation#
criminal proceding or
prosecution against you"
1:21:2
Ch. 2 - part.2 Basic elements of
law practice
4efense attorneys
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4efense attorneys
Oou are responsible for any fees
charged by a lawyer defending
you without our written consent"
1:1:
Ch. 2 - part.2 Basic elements of
law practice
DEAEN%E "ND %E LE(EN ;INCL DED IN
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LI(I $A LI" ILI #>
Gf the claim is e7cluded underthis policy# we will have no dutyto defend it"
ayment of claim e7penses willreduce the amounts available to
pay damages"
1:1:
Ch. 2 - part.2 Basic elements of
law practice
DEAEN%E "ND %E LE(EN ;INCL DED IN
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LI(I $A LI" ILI #>
Lur duty to defend any claim orpay any amount as damages orclaim e7penses will cease when
our limit of liability has beene7hausted "
Mpon e7haustion of the limits ofliability# we will tender control ofthe defense to o " Oo agree to