Applying the Fundamentals of Lawyers' Ethics to Insurance Defense Practice
49 Pages Posted: 8 Oct 2008
Date Written: October 8, 2008
Professor Pepper explores the ethical obligations and difficulties of insurance defense practice, taking into account both the rules and the theory of lawyers' professional ethics. Part I looks at the nature of the consent that the lawyer would have to obtain from the insured if there were in fact two clients, as argued by some and as understood by many. Part II then turns to two alternative underlying justifications for professional ethics and considers what each suggests for insurance defense practice. Part III examines the basic substance of the transaction at issue and how it relates to and constrains the ethics of the lawyer. Part IV turns to the limits of loyalty on the part of the lawyer and the difficulties involved in a "one client" understanding. Part V returns to the two client model to explore two rather different versions of that possibility.
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