Walking on an ethical tightrope? Get the comprehensive source that covers every step of the representation of the policyholder. Insurance defense counsel have unique and complicated professional responsibilities arising from their dual relationships with the insured who is being defended and the insurer who is providing the defense and must pay the judgment or settlement—assuming it is covered. Professional Responsibilities of Insurance Defense Counsel provides the only comprehensive treatment of this topic with detailed guidance for defense counsel retained by an insurance company as well as for the company itself, covering every step of the representation. To order, call 800.223.1940 or visit the LexisNexis Store at: bit.ly/1TkwT8q

1. LexisNexis®
Matthew Bender®
Insurance defense counsel have unique and complicated professional
responsibilities arising from their dual relationships with the insured
who is being defended and the insurer who is providing the defense
and must pay the judgment or settlement—assuming it is covered.
Professional Responsibilities of Insurance Defense Counsel provides the only
comprehensive treatment of this topic with detailed guidance for defense
counsel retained by an insurance company as well as for the company
itself, covering every step of the representation.
From the formation of the attorney-client relationship(s), through the
necessary initial communications with the insured, and into the trial or
settlement that normally concludes the representation, this publication
covers the gamut of complex issues that may arise in the course of the
defense. It examines the special issues affecting insurance staff counsel,
the circumstances in which the insured is entitled to independent counsel,
and the responsibilities and liabilities of independent counsel when
representing the insured.
Walking on an ethical tightrope? Get the comprehensive
source that covers every step of the representation of the
policyholder.
For more information or to order
William T. Barker, Charles Silver
This treatise provides:
• Detailed guidance and sample letters on the widely overlooked topic of initial communication with the
insured
• Extensive analysis of a wide range of situations to determine when an insured does or does not have a
right to independent counsel
• Assessment of knotty and unresolved issues regarding defense counsels’ duties of confidentiality and
communication, when those duties to the insured and to the insurer collide with one another
• Examination of the rights and obligations between an insurer and independent counsel who defends an
insured
Turn to Professional Responsibilities of Insurance Defense Counsel to address key issues affecting the tripartite
relationship among the insured, the insurer and insurance defense counsel, and for practical information no
matter what jurisdiction governs the issues at hand.
Professional Responsibilities of
Insurance Defense Counsel
$160
1 volume, loose-leaf, Pub. #01712,
ISBN 9781422495902
eBook | epub or mobi format,
eISBN 9780327183143
Price does not reflect sales tax, shipping
or handling.
Prices subject to change without notice.
CALL 800.223.1940
VISIT the LexisNexis Store at www.lexisnexis.com/InsurancePortfolio
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2. Professional Responsibilities of
Insurance Defense Counsel
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Table of Contents
Ch. 1 Controversies Over Insurance Defense Counsel’s Professional Responsibilities
Ch. 2 Context: The Liability Insurance Policy
Ch. 3 Retention of Insurance Defense Counsel
Ch. 4 Whom Does Insurance Defense Counsel Represent?
Ch. 5 Duty of Loyalty
Ch. 6 Policyholder’s Rights to Independent Counsel
Ch. 7 Insurer Use of Staff Counsel
Ch. 8 The Scope of Defense Counsel’s Engagement
Ch. 9 Defense Counsel’s Duties to Communicate
Ch. 10 Confidentiality and Sharing of Information Among Carrier, Policyholder,
and Defense Counsel
Ch. 11 Adjuster Involvement in Defense Planning and Decision Making
Ch. 12 Watching for and Reacting to Possible Conflicts Between Companies and
Policyholders or Between Co-Client Policyholders
Ch. 13 Compensating Defense Counsel
Ch. 14 Rights and Obligations When Policyholder Has Independent Counsel
About the Authors
William T. Barker is a member of the Insurance Litigation & Coverage Practice Group of
Dentons U.S. LLP, practicing in its Chicago office, with a nationwide practice, primarily
representing insurers, in the area of complex commercial insurance litigation. He is a
member of the Editorial Board of New Appleman on Insurance Law Library Edition, and a
consulting author of the New Appleman Insurance Law Practice Guide. He is an Adviser to
the American Law Institute project on the Restatement of the Law of Liability Insurance.
Mr. Barker is a Vice Chair of the American Bar Association Tort Trial & Insurance Practice
Section Insurance Coverage Litigation Committee and a co-chair of the Subcommittee on
Bad Faith Litigation of the ABA Litigation Section Insurance Coverage Litigation Committee.
Charles Silver holds the Roy W. and Eugenia C. McDonald Endowed Chair at the University
of Texas School of Law, where he writes and teaches about civil procedure, professional
responsibility and health carelaw and policy. He is a leading academic authority on the
professional responsibilities of insurance defense counsel and was one of the Reporters for
the study of that subject undertaken by the Internal Association of Defense Counsel and
Defense Research Institute.