Senior Attorney managing complex litigation at AAA/The Auto Club Group. Collaborating closely with claims personnel and advising on legal matters throughout the litigation process.
Responsibilities
Uses advanced specialized knowledge to handle complex to highly complex litigation of cases of unlimited exposure in which the insured or the Company is a defendant.
Controls all aspects of litigation, including trial preparation, discovery, negotiation, presentation and appeals from District to Circuit Court.
Exercises discretion and judgment in performing all functions with minimal supervision.
Analyzes, files, reviews all allegations, and renders legal opinions to Claims personnel regarding evaluation and disposition of injury cases.
Prepares responses to civil complaints, files and answers any appropriate motions when questions of law or liability are in dispute.
Determines feasibility of including third-party defendants in pending suits.
Conducts discovery, including but not limited to depositions, interrogatories, requests for admission, etc.
Reviews insurance policy and all pertinent documents.
Selects legal investigators and arranges for service of subpoenas and summonses.
Files additional motions as facts of case and proper timing warrant.
Reviews medical and related technical data; consults with medical and accident reconstruction specialists regarding injuries and disabilities.
Analyzes information obtained through discovery and determines whether settlement is in best interests of insureds and the Company.
Prepares uninsured/underinsured motorist cases for trial or arbitration hearings.
Prepares and submits pre-trial statements; attends pre-trial hearings before judge and participates in conducts jury selection.
Prepares case for trial, examining facts and developing trial strategy for construction of a strong defense.
Conducts defense of a case, by delivering opening statements, examining, and cross-examining witnesses, making and arguing motions, conferring with judges and attorneys, delivering closing arguments.
Prepares trial briefs, encompassing the insured’s defense, applicable law, and jury instructions.
Prepares summaries and appears before Case Evaluation Tribunal and/or Facilitator to advocate defendant’s case.
Evaluates award and makes recommendation as to whether to accept or proceed to trial.
Keeps client advised of status of case in accordance with office guidelines and client satisfaction goals and consults with third-party clients regarding the litigation.
Advises insured and recommends retention of independent counsel for potential “over-limits” judgment to protect insured’s assets.
Negotiates reasonable and equitable pre-trial settlements on behalf of Company and insured, when and where possible.
Applies cost/benefit considerations to all litigation activity.
Advises payment of claims as appropriate.
Coordinates trial or settlement activity with co-counsel, as necessary, to protect interest of insured.
Recommends appeals to the Appeals Committee based on facts of cases and recovery chances.
Renders legal advice and legal opinions as requested by Claims personnel on coverage, liability and damages.
Requirements
Juris Doctor Degree or graduate of accredited law school
Member of the State Bar of applicable state
Minimum five (5) years of experience as a licensed attorney in personal injury, no-fault, or insurance litigation; Or three (3) years of experience as an Associate Attorney at ACG Staff Counsel with yearly performance reviews of overall Fully Met Expectations or higher.
Knowledge of civil law, judicial procedures and rules of evidence
Principles, methods, materials and practices of legal research
Discovery methods and techniques
Mediation rules, procedures and summaries
General claims procedures
Tort liability law, including applicable theories of recovery and appropriate defenses.
Insurance law, including familiarity with Uniform Trade Practices Law and Principles of Bad Faith Actions
Principles of insurance contract construction and interpretation
Policies for all lines of coverage
Michigan Court Rules and motion practice
Rules of evidence of proper techniques for introducing or excluding evidence
Standard jury instructions and drafting nonstandard jury instructions where appropriate
Problems in professional ethics relating to relationship of house counsel to insured
Office standards and procedures
Legal research and availability of research tools.
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