Ch.2 Basic Elements of Law Practice 2015

8/10/2019 Ch.2 Basic Elements of Law Practice 2015

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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
mailto:[email protected]


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'n(ing the attorne! client

relationship

Termination

mailto:[email protected]


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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?

Ch. 2 - part.2 Basic elements oflaw practice /


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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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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?

Ch. 2 - part.2 Basic elements oflaw practice *


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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.

Ch. 2 - part.2 Basic elements oflaw practice 1:


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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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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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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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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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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.

Ch. 2 - part.2 Basic elements oflaw practice 2*


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The biggest challenge8. !ompeten%e


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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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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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


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

law practice 7


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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.

Ch. 2 - part.2 Basic elements oflaw practice /:


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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.

Ch. 2 - part.2 Basic elements oflaw practice //


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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.

Ch. 2 - part.2 Basic elements oflaw practice /5


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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.


$


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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.

Ch. 2 - part.2 Basic elements oflaw practice /*


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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

N# '


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N# '


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N# '


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N#


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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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'


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'


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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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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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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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?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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= ,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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= ,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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= ,$ !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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?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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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


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

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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

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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

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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"

7/7/


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

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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*


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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law practice


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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


law practice

+ntentional %riminal a%ts not


102/105

insurableWe are not obligated to defend

any criminal investigation#

criminal proceding or

prosecution against you"

1:21:2


law practice

4efense attorneys


103/105

4efense attorneys

Oou are responsible for any fees

charged by a lawyer defending

you without our written consent"

1:1:


law practice



104/105

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:


law practice



105/105

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

Documents

Ch.2 Basic Elements of Law Practice 2015