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The defense rests. (Comment).


The article by Stephen Zielezienski in the October issue of Best's Review ("The Meter is Running," page 55) is tasteless taste·less  
adj.
1. Lacking flavor; insipid.

2. Not having or showing good taste.



tasteless·ly adv.
 and meritless lawyer bashing that exposes a misunderstanding of problems facing defense counsel and insurers regarding casualty claims and lawsuits against insureds. Like members of the plaintiff's bar, the masters of the horrendous example, Zielezienski used an anecdote anecdote (ăn`ĭkdōt'), brief narrative of a particular incident. An anecdote differs from a short story in that it is unified in time and space, is uncomplicated, and deals with a single episode.  about lawyer's billing abuse to the tune of charging 35 hours in one day. The empirical data discloses that most defense attorneys average five to six billable hours Billable Hours is a Canadian comedy series, which airs on Showcase.

Set in the fictional Toronto law firm of Fagen & Harrison, the series focuses on three young lawyers struggling to balance their expectations in life with the difficult realities of building a career
 per day. Income figures in the legal profession disclose that in the insurance defense field, attorneys' annual income has been flat since 1992, while all other fields of law have seen a steady rise in income.

If the author's anecdote is true, the carrier's litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 management person should be fired for lack of judgment in hiring such larcenous lar·ce·nous  
adj.
1. Of, relating to, or involving larceny: a larcenous scheme; with larcenous intent.

2. Guilty of or given to larceny.
 defense counsel in the first place. In my near 40-year history of defending insurers and their insureds in a large metropolitan area, I have never seen the abuse referenced in the article. As a very young lawyer, I was mentored by a tough, knowledgeable claims manager for a regional insurer who took a pencil to every lawyer's invoice and was not shy about challenging time and expense charges. If claims and litigation managers are unable to perform this duty for their companies, shame on the industry.

Unfettered limitations on in house or outside defense counsel is not the answer to cost containment cost containment,
n the features of a dental benefits program or of the administration of the program designed to reduce or eliminate certain charges to the plan.
. Good claims work and early settlement is the most effective cost containment tool. If a suit must be taken, good lawyering under appropriate guidelines is the solution.

Martin J. Murphy

Davis & Young

Cleveland
COPYRIGHT 2002 A.M. Best Company, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Publication:Best's Review
Article Type:Letter to the Editor
Date:Jan 1, 2002
Words:279
Previous Article:Readership has its privileges. (Editor's Prologue).
Next Article:A mold by any other name. (Comment).(Letter to the Editor)



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