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Insurance,
Ethics/Professional Responsibility

Jan. 20, 2017

Duties owed by Cumis counsel to the insurer

An attorney serving as Cumis counsel can limit the risks of a claim by the insurer by complying with statutory obligations and acting reasonably in billing.

J. Randolph Evans

Partner
Dentons US LLP

303 Peachtree St NE #5300
Atlanta , Georgia 30308

Phone: (404) 527-8330

Email: randy.evans@dentons.com

Shari L. Klevens

Partner
Dentons US LLP

Phone: (202) 496-7500

Email: shari.klevens@dentons.com

It is understood that attorneys generally answer only to their clients for errors during the course of a representation. This principle, which helps attorneys manage risk, has been considered by many courts to be a matter of public policy, as attorneys arguably should not have to balance their duties to their clients with potential liability from third parties.

There can be uncertainty, however, where a third party pays the fees incurred by the attorney. Typically, an attorney owes ...

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