Relationships
attorney would be facing a claim that arose
out of work done for a client of the affiliat-
ed firm thus the coverage gap. These sorts
of “who is the client,” “who is the attor-
ney of record,” and “who is the named in-
sured” are common challenges that under-
score the necessity of investigating and ad-
dressing the insurance coverage issues ear-
ly on. Appropriate coverage for the expo-
sures of both the affiliated firm and the Of
Counsel attorney can usually be obtained,
if the issue is addressed at the outset.
Closing Thoughts
Beyond the above, the best risk manage-
ment advice that I can give regarding Of
Counsel relationships is to encourage you
to always keep in mind joint accountabil-
ity. Of Counsel relationships can be quite
valuable but clients will rightly respond to
these affiliations as if they represent a sin-
gle “entity.” Mutual accountability will be
in play, particularly when a client is directly
involved with both parties to the Of Coun-
sel affiliation. I do believe that Of Coun-
sel relationships are of significant value as
long as these relationships are entered into
with client interests in mind as opposed to
being a marketing strategy. Overlook this,
and problems may lie just around the cor-
ner.
____________________
ALPS Risk Manager Mark Bassingth-
waighte, Esq. has conducted over 1,000
law firm risk management assessment vis-
34
its, presented numerous continuing legal
education seminars throughout the United
States, and written extensively on risk man-
agement and technology. Check out Mark’s
recent seminars to assist you with your solo
practice by visiting our on-demand CLE li-
brary at alps.inreachce.com. Mark can be
contacted at: [email protected].
Disclaimer:
ALPS presents this publication or document
as general information only. While ALPS strives
to provide accurate information, ALPS express-
ly disclaims any guarantee or assurance that this
publication or document is complete or accu-
rate. Therefore, in providing this publication or
document, ALPS expressly disclaims any war-
ranty of any kind, whether express or implied,
including, but not limited to, the implied war-
ranties of merchantability, fitness for a particular
purpose, or non-infringement.
Further, by making this publication or docu-
ment available, ALPS is not rendering legal or
other professional advice or services and this
publication or document should not be relied
upon as a substitute for such legal or other pro-
fessional advice or services. ALPS warns that this
publication or document should not be used or
relied upon as a basis for any decision or action
that may affect your professional practice, busi-
ness or personal affairs. Instead, ALPS highly rec-
ommends that you consult an attorney or oth-
er professional before making any decisions re-
garding the subject matter of this publication or
document. ALPS Corporation and its subsidiar-
ies, affiliates and related entities shall not be re-
sponsible for any loss or damage sustained by
any person who uses or relies upon the publica-
tion or document presented herein.
THE VERMONT BAR JOURNAL • WINTER 2016-17
Do you know an
attorney who has
done outstanding
pro bono work?
Nominations are now open
for the annual VBA Pro
Bono Service Award, which
will be presented at the
VBA’s mid-year meeting
on March 31, 2017. To
nominate a colleague for
this prestigious award,
send an e-mail with the
name of the attorney and
some details about his or
her pro bono work to: Teri
Corsones, VBA Executive
Director at tcorsones@vtbar.
org. Nominations must be
received by 4PM on Friday,
February 10, 2017.
www.vtbar.org