Preserving Attorney-Client Privilege During Disability Claim Handling (1 Ethics Credit)

January 22, 2016 3:20pm

D. Larry Kristinik

Nelson Mullins Riley & Scarborough LLP

Stephen Broer
Assistant Vice President, Senior Counsel, Law Department
The Guardian Life Insurance Company of America

  • Assessing whether privilege exists when attorneys act as claims managers rather than giving legal advice
  • Ethical considerations when communicating with clients and protecting confidential information
  • Knowing the exceptions to privilege when bad faith claims are involved or there are communications with overseas attorneys
  • Avoiding waiver through over-dissemination or implicit reliance on advice of counsel
  • Special ethics rules applicable to in-house legal departments which relate to maintaining privilege and confidentiality
  • Resolving conflict of laws questions to determine governing privilege law
  • Privilege issues when parent-subsidiary communications are involved
  • Update on the fiduciary exception in ERISA cases and limits to that exception to privilege