Labor & Employment/ Workers' Comp Committee Webinar - Committee co chair Marcia McShane with Constangy, Brooks, Smith & Prophete will present this commitee webinar on July 31 at Noon CST/ 1pm EST.
Ms. McShane will discuss the ever increasing interplay of WC and other employment laws, as well as the difficult position employment attorneys are placed in when asked to protect and advance ALL of the employer’s interests during a WC claim. There are unreasonable limitations placed upon lawyers handling matters in the Court of WC Claims, and this is true regardless of whether the lawyer is handling non-WC employment matters directed related to the WC claim, while also defending the underlying claim itself. There also are serious ethical implications that arise when an insurance company retains an attorney to represent the employer, and then takes steps that could be viewed as attempting to manage that legal representation.
Finally, the waiver of the attorney-client privilege also is an increasing problem for lawyers and their clients due to insurance companies’ use of third-party auditing companies. These companies review the lawyer’s detail billing entries, and doing so may result in the inadvertent waiver of the attorney-client privilege. Lawyers must fully inform their clients and obtain consent prior to permitting such a disclosure.
TDLA Newsletter January 2020