Charlie Foxtrott
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- Joined
- Oct 27, 2009
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So what is your firm?
Got a name?
CCW Safe for me, a defense attorney who represents business and industry, including insurance companies and the their insureds in different matters.
Your post suggests, perhaps, that you do not appreciate how much litigation is backed by insurance coverage. Might not be the case, but it reads that way. In fact, most companies with sufficient assets and awareness have insurance policies to cover employment practices liability, officers and directors liability, different types of professional negligence, general liability, workers compensation, etc. These companies are not coming out of pocket, beyond a self-insured retention or deductible, very often.
I regularly represent huge multinational corporations, professional sports teams, constuction companies, casinos, different types of manufacturers, hospitals, banks and the like, my firm having been retained by their insurance company pursuant to a policy. A lot of small and medium sized businesses too. Most of these folks think that that I am pretty good.
What do you mean when you say, "and they will never work on a retainer basis for an insurance company"? Do you know how a retainer works? Basically, it is a deposit against which the attorney will bill his fees and costs. So, let's say that you walk into my office and say, "Hi, I've been accused of "XXXX" and I need a lawyer." If we have no history together, I might ask you to deposit $25,000 - $50,000 against which (retainer) against which the firm bills its hourly rate, expenses, etc. The fee agreement would typically have you replenishing the retainer if exhausted, or after mediation, or before trial, etc. This is so we do not have to chase our money. It's a fairly typical arrangement. The funny thing, is that most of the insurance companies do not pay a retainer. We (the firm) are panel counsel and do a lot of work for them. We have little concern about a massive insurance company paying its bill. Now, to be sure, it will try to cut the bill here and there and pay a lower rate than those paying "out of pocket". Insurance companies have the bargaining power to negotiate a lower rate. No doubt.
Your comment about good lawyers not working for/with insurance companies just misses the mark. You've excluded most firms and certainly every major law firm in the United States. Think about this, how many criminal defendants can actually pay a lawyer's bill? I can tell you, there are plenty of GREAT criminal defense attorneys who would appreciate the opportunity to defend a case with insurance company backing.
That said, I chose the liability coverage option that CCW Safe offers because, to me, it makes sense that the insurance company should have some "skin in the game." Oh, and Martindale is basically irrelevant. Your post is probably the first time that I've heard anything about Martindale in 10+ years.
Got a name?