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It's Not What You Bill, It's What You're Paid

By Kevin Adler
August 13, 2004

Over the past two decades, the monitoring of legal bills by insurance firms that are paying for outside counsel has become standard practice. Whether using in-house accounting staff or hiring a third party, insurers have put attorneys on notice about what they will pay for, and how work must be documented. In turn, attorneys who defend insurance cases have had to adjust the way they do business.

For attorneys, the change in attitude and practice hasn't always been easy. Insurance defense attorneys are, as one lawyer put it, “the most risk-averse, change-resistant segment of a risk-averse, change-resistant profession.”

As auditing became widespread, attorneys questioned both its legitimacy and utility. Court cases have tested the legality of sharing client information to facilitate audits. The ethics panel of the American Bar Association (ABA) has issued opinions about where to draw the line on auditing policies. In recent years, some insurers reduced their auditing after deciding that their real bottom line is the resolution of an insurance dispute, not savings on legal work. Yet all parties agree that billing review is now a permanent part of the landscape in insurance defense work, and it reinforces the need for insurance defense attorneys and the firms that hire them to communicate clearly about goals, expectations, and the parameters of work.

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