Claim Incident Defense
PRE-CLAIM LEGAL ASSISTANCE
When an accounting firm reports an incident to its carrier, we are available to provide pre-claim legal assistance to the accounting firm and carrier. We have provided these services on a national scale, but more often concentrate our efforts locally.
These services may include subpoena representation (many accountant liability policies provide some form of subpoena coverage), especially if the subpoena or similar process compels testimony, seeks an interview, presents liability exposure, or raises sensitive issues of confidentiality or privilege. We would meet with the accounting firm, review relevant files before producing them, confer with counsel for the issuer and other parties, prepare the accounting firm’s personnel to testify, and represent the accounting firm’s interests throughout.
In other contexts, the carrier may determine that early intervention with the hands-on assistance of local counsel will materially reduce the likelihood of the incident escalating into a claim. We become the accounting firm’s point of contact and liaison with the carrier, providing guidance on a range of issues, including further communications with clients and third parties, coordinating with experts on mitigation efforts, assessing conflicts of interest, and possible disengagement.
Our fee for these services is based on the number of hours worked at carrier-approved rates.
CLAIM DEFENSE
When an accounting firm reports a claim to its carrier, we are available to provide the firm with a defense. We have provided these services to accounting firms nationally, but more often have concentrated our efforts locally.
Attorney Picardi is a career litigator with extensive experience in commercial disputes and professional liability defense. For the past twenty years, he has concentrated his litigation efforts almost exclusively on defending accounting firms against claims of malpractice. In providing these services, we often collaborate with other law firms.
Our fee for these services is based on the number of hours worked at carrier-approved rates.
MEDIATION
Attorney Picardi is a certified mediator, available to serve as a neutral to assist parties in their efforts to avoid litigation and arbitration by resolving their business disputes efficiently through the more collaborative and less adversarial process of mediation.
His fee for mediation services is a fixed charge per half or full-day session.
THIRD-PARTY CLAIM/INCIDENT ADMINISTRATION
We are available to provide carriers with third-party claim/incident administration (“TPA”) services. These services may include processing newly-reported matters; coordinating coverage analyses; assessing future handling; projecting expense budgets; recommending loss and expense reserves; retaining counsel and experts, as necessary; reporting to carriers periodically; and overseeing trials, arbitrations, mediations, informal settlements, and other dispositive events.