Neil Posner, chair of the firm's Policyholders' Insurance Coverage group, will speak at the American College of Coverage Counsel's Annual Meeting. His session is titled "Do You Really Know What Hat You're Wearing? Identifying & Protecting Against Ethics Faux Pas and (Gasp!) The Loss of Privilege Disputes (2.0)."
Alongside his co-panelists, Neil will discuss how the fact that one is a lawyer does not always mean that, in a particular matter or situation, she is practicing law. This concern has spawned numerous discovery and ethics disputes throughout U.S. courts and disciplinary boards. The situation is particularly significant in the insurance-coverage context, where policyholders seek insurers' internal information, and vice versa. Whether such information is protected under the attorney-client privilege and/or the attorney-work-product doctrine is a question that arises frequently. The panel will explore the case law, with the intention that the audience will leave with a better understanding of the issues and how to "get ahead" of them.