Senior Attorney

About this role

Job Type:

Full time   Exempt/Non Exempt:  

Salary Job Description:

  Location Details: After in office training is completed, this position may be required to report to an office 1-2 times per month.

Position Schedule Monday- Friday 9am-5pm

Position Summary: 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. To support those duties, we are applying a monthly cap on new case assignments.

Key Responsibilities: Case Analysis and Preparation • 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. 

Trial and Defense • 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.

  Client Communications and Negotiations: • 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.

Legal Advice and Guidance: • Renders legal advice and legal opinions as requested by Claims personnel on coverage, liability and damages.

• Conducts Examinations Under Oath in consultation with Practice Leader.

• Participates in the Claims Legal Council Program on a regular basis.

• Participates in one or more office committees, either as a standing or rotating member.

• Mentors less experienced attorneys on legal matters within areas of his/her expertise.

Supervisory Responsibilities: None

Qualifications: Required [ Education (include minimum education and any licensing/certifications): • Juris Doctor Degree or graduate of accredited law school

• Member of the State Bar of applicable state

Experience: • 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.

Skills and Ability to: • Communicate effectively with other attorneys, court officers, the general public and others in a work environment

• Analyze, organize, and present facts, evidence and related materials effectively in both written and oral forms

• Utilize office computer software including litigation management systems – update others

Preferred Experience in: • Trial experience.

• Experience in first-party no-fault, or auto insurance defense litigation

Knowledge of : • Defense trial practice demonstrated through in-depth research projects, self-education, seminars presentations, membership in related professional organizations or

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