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who does my attornet answer to? Iowa Iowa

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  • who does my attornet answer to? Iowa Iowa

    Will try not to confuse anyone; I am being sued buy a former boss, my employer insurance company has agreed to and hired an attorney for me under there insurance policy. THEY DO NOT WANT TO COVER ME everytime I go and see my attorney, he says that he is working for me but he tells the insurance company everything, giving the insurance company reasons to try to come up for not covering me.
    Can I claim client/attorney privilege and tell him to quit talking to the insurance company even though they are paying my attorney?
    Last edited by abused45; 08-21-2010, 03:48 PM.

  • #2
    Who is paying this attorney? You or the insurance company?
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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    • #3
      They are (the insurance company).

      Comment


      • #4
        If they're paying the bill, they have a right to know what is going on.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Agree. If the ins. co. has hired an attorney for you under their
          ins. policy, they have the right to know what is going on with the
          case.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Getting ready to go to trial, Just got done with mediation. But was told that we may go to mediation again before trial. I have recieved a Reservation of Rights from the insurance company saying they are paying for the attorney but will not pay for any damage's. During mediation, the attorney was offering them money and when I asked them who will pay that amount, they say the insurance company will but I have nothing in writing. They want me at the mediation also without the insurance company being there. Even though the last mediation did not go well, who knows how the next one will go. saying all of this;

            If mediation happens again, and just for fun they offer them 20,000. I can tell by the 1st mediation they wanted me to agree with what ever they offered. I will not give them one penny from my pocket and my attorney knows how I feel. Do I need to be concerned of the next mediation? If they do accept an offer, I will not sign anything with out something in writing from the insurance company saying they will pay. Am I'm right for having a strange feeling in my gut? The only thing I did agree on during the 1st mediation was I would write him a very VERY generic I am sorry letter.

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            • #7
              Given that we haven't a clue what the case is about or what kind of strengths/weaknesses are held by either side, what is being claimed by the employer and what your defense is, we don't have the faintest idea whether you're right to feel that way or not.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Agree, there's no way we can tell you anything or how you should feel. You need
                to work with your attorney - they are working for you.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Yes you are correct. I am not to talk about the case so I dont want to give facts. All I will say is what I did was legal, but the person suing me says I did it maliciously. My attorney's cant believe this guy wants his dirty laundry displayed and do not believe I will lose. BUT the insurance company does not want to pay this firm for a trial (im guessing because it will cost so much).

                  To better clarify my question; Is it strange to go to mediation without the insurance company that would have to pay the fee? If they, all partys agree on a amount, am I right for not wanting to sign anything without something in writing from the insurance company or the attorney? "because of the Reservation of Rights"

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                  • #10
                    Talk to your attorney. If any type of agreement/settlement is agreed on, I would
                    think there would be something in writing signed by both parties involved. (you/former boss)
                    You'll have to talk to the ins. co. or the attorney your ins. co. assigned you about them paying.
                    (signing something that they will pay)

                    If both parties cannot agree on a "settlement," then it will apparently go to court/trial.
                    Last edited by Betty3; 01-23-2011, 05:29 PM. Reason: add info
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      I agree that you are wise not to discuss the case, but I am not comfortable making a judgement about what is and is not "strange" or whether you are right or wrong when I don't know anything about the situation. Sorry, I just can't answer your question with the available facts, and you should not, for your own protection, provide any more.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Agree, we cannot suggest anything more. Sorry.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Thank you both. Betty, you confirmed by your answer what I was thinking.

                          Thanks again

                          Comment


                          • #14
                            You're welcome & good luck to you.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment

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