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Accurately Calculating the Costs of a Limited Representation

Georgia Defense Lawyers Association - 2013 Law Jorunal

A lawyer’s calculation that a matter’s value depends on limiting a representation’s scope to covered claims is incomplete, unless the lawyer analyzes two hidden costs: 1) applicable professional conduct rules governing limited engagements; and 2) the greater potential for malpractice claims stemming from such engagements. These costs are especially pronounced where a limited representation excludes prosecution of an insured’s potential non-covered affirmative claims. This article analyzes a lawyer’s obligations when confronted with that hypothetical circumstance.