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Are claims adjusters subject to liability for claims asserted by policyholders who assert that the adjusters’ actions were in bad faith or in violation of a statute prescribing fair claim and settlement practices? A number of cases across the country have held adjusters to the same standard of care as insurance carriers.

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At its June 2009 Board of Governors meeting, the ABA adopted policy urging Congress and the Federal Trade Commission to exempt lawyers from the Fair and Accurate Credit Transactions Act's Red Flags Rule. The rule considers lawyers to be creditors, thereby requiring them to establish an identity theft detection program under the act.

No Parol Evidence to Cap Fees in Hourly-Fee Contract
When providing a litigation budget to clients, the purpose is to provide an estimate of fees to be incurred with the understanding that unexpected occurrences will cause the fees to increase. However, clients may on occasion, retain counsel and impose a cap on fees to be incurred at the onset of the representation.