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Article
Open Questions on the Duty to Advise of the Right to Select Independent Counsel
The Defendant, Defense Association of New York (2010)
  • Barry R. Temkin, New York Law School
Abstract
This article considers the professional responsibility of a lawyer who is retained by an insurance company to represent the interests of a policyholder. In some jurisdictions, an insured who receives a reservation of rights from a carrier which could impact the strategy of the defense may have a right to select independent counsel at the carrier's expense. Still unresolved is defense counsel's duty to advise the insured about such issues, particularly in situations in which the lawyer may have a conflict in giving such advice. For example, do appointed defense counsel have an obligation to give clients so-called "Goldfarb Miranda," where the advice may effectively notify clients of their right to fire the attorney giving the advice? Would such a conflict be waiveable?
Disciplines
Publication Date
Spring 2010
Citation Information
Barry R. Temkin. "Open Questions on the Duty to Advise of the Right to Select Independent Counsel" The Defendant, Defense Association of New York (2010)
Available at: http://works.bepress.com/barry_temkin/20/