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Litigation Management Guidelines
It doesn’t take much time to read through any popular insurance publication before you find an article addressing in some manner the issue of Litigation Management . Such is the case in a recent publication called Guidelines For Insurance Defense Lawyers Could Keep Costs Down by Jim Danko with insure.com


Or what about this catchy title by Kevin Quinley, CPCU, Defense Attorneys and Adjusters: Can This Marriage Be Saved? which was published in the November 2000 issue of Claims Magazine . Mr. Quinley is the Senior Vice President of Risk Services for MEDMARC.


No doubt that one of the more hotly contested and debated subjects in the area of Litigation Management is the subject of carrier and attorney relations. Through the years these relationships have been strained due in part to the subject of legal bill auditing and the establishment of handling and billing guideline.

The Federation of Defense and Corporate Counsel (AKA the FDCC ) has spent relentless hours and resources to attempt to bridge the ever growing gap between carriers, self-insureds and defense attorneys. In addition, organizations like the Defense Research Institute and the FDCC have joined hands in working together to resolves these and other related issues.

While many were striving to find ways to get around these complex issues, in the early part of 2000 the The Defense Research Institute published two copywritten documents which established separate case handling guidelines for both insureds and law firms. Based on words from The FDCC “According to the drafters, the guidelines are intended to promote uniformity in reporting and billing and effective and efficient case management, consistent with the defense attorney’s professional responsibilities.”


These two documents are entitled Recommended Case Handling Guidelines for Insurers AND

Recommended Case Handling Guidelines for Law Firms . In addition to being viewed over the Internet via the links provided, they can be downloaded as a pdf Acrobat Reader file by visiting the FDCC’s special site called Defense Counsel/Insurance Relations Hot News and scrolling down to March 31, 2000. If you do NOT have Acrobat Reader, you will be walked through how to download a copy for FREE.


Some years ago the American Bar Association established a Litigation Section which ultimately created what is known today as the Uniform Task-Based Management System or UTBMS for short. Many companies today have tried to utilize these codes, only to find frustration in the process. The codes were designed in part to provide an attempt at uniformity in billing and handling guidelines.



While insurance companies, corporations, and defense attorneys struggle through bringing about changes in tort reform, there are several organizations that make it their duty and obligation to lobby legislatures on behalf of tort reform throughout the country. The following is a partial listing of such organizations and links to their web sites:



American Tort Reform Association

American Tort Reform Foundation

Institute for Legal Reform

National Chamber Litigation Center



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