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How to Find the Right Attorney to Represent Your Business
Cameron Hawkins • July 30, 2021
finding a lawyer to represent your business

Liability cases are often complicated. Many business owners assume their insurance company will take care of their defense – that’s one of the reasons they dutifully pay their premiums every year.


In an ideal world the insurance company’s best interests would always align with the policyholder’s best interests. That’s not always how it works out. If the business owner is relying solely on the insurance company for their defense, they might find themselves in a situation where they have no control over their own representation. 


Who Gets to Choose Your Defense Counsel?

Most Comprehensive General Liability and Employment Practice Liability policies stipulate that it’s the insurance company who chooses the defense lawyer.


If you’re a business owner, you are likely familiar with the “panel of physicians” you need to maintain for workers’ comp compliance. These insurance companies have something similar – “panel counsel”. Panel counsel are in most cases local insurance defense attorneys who an insurer can use to defend their policyholders in liability claims.


The good news is these defense attorneys are generally well-vetted and relatively skilled at what they do. Afterall, the insurance company has a significant incentive to shield you from liability since it’s their money that’s on the line.


The potential bad news is that the attorney is working for the insurance company – not you. They may not care about your business, how you feel about the accusations being levied against you or the consequences of a perceived admission of culpability.


Allegations of any kind – especially serious accusations of negligence or wrongdoing – can negatively affect your business’s reputation. They may even jeopardize your company’s existence.


Having your own commercial litigation attorney who is focused on looking out for your business’s interests may be beneficial in those scenarios.


Dealing With Multiple Lawsuits or Jurisdictions

Another common complication in commercial liability claims is coordination and consistency of representation when multiple lawsuits or claims are being brought against your business. There are situations were a business that operates in many states may have different insurance providers in different regions.


A business could end up being represented by a complicated web of defense lawyers, none of whom are working closely with one another in a concerted defense of your company’s interests.


If your business finds itself in that situation it may be in your best interest to find your own defense attorney that understands your business, what’s at stake and how best to coordinate.


Choice of Counsel Endorsements

Business owners who are worried about their defense in a liability claim should ask their insurance company about Choice of Counsel Endorsements. You’ll likely need to wait until your policy renewal to have a Choice of Counsel Endorsement added to your policy.


If you do get sued, this endorsement would allow you to choose your own attorney instead of relying solely on the insurance company’s panel counsel.


Consult With Local Atlanta Insurance Defense Attorneys

If you’re a new business owner who wants to be prepared just in case someone does approach you with a liability claim or you’ve just received a demand letter and aren’t sure what to do – consult with some local commercial litigation lawyers.


When you’re speaking with prospective attorneys, try to gauge not only their litigation experience but also their perspective on defending businesses. Do you think they authentically care about the company you’ve built? Will they be willing to learn about your business and the liability risks unique to your industry?


One of the benefits of working with smaller boutique law firms are the life experiences of the attorneys. You’ll likely be speaking with fellow business owners who can appreciate what you’re going through.


Contact Edwards & Hawkins for a Free Consultation

Donald Edwards and Cameron Hawkins utilize more than five decades of combined experience to defend the interests of local Atlanta businesses and national companies in all types of commercial liability cases.


You’ve invested years, maybe decades, into building your business. We will fight hard to help you protect it.



Call (404) 526-8866 to schedule your consultation

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Employee negligence can have significant consequences for businesses, potentially resulting in costly claims, damage to reputation and operational setbacks. Fortunately, there are effective approaches to discourage employee negligence and handle claims if they do arise.  Employee Negligence and Its Impact on Business Liability Employee negligence occurs when an employee fails to perform their duties with reasonable care, resulting in harm or loss. Examples can range from minor oversights, like forgetting to secure sensitive documents, to severe incidents, such as driving a fleet vehicle while intoxicated or ignoring safety protocols. The implications of employee negligence may include: Financial Loss : Claims stemming from employee negligence can lead to costly legal battles, payouts and increasing insurance premiums. Reputation Damage : High-profile negligence cases can harm a company's public image, leading to a loss of trust among customers, partners and potential hires. Clients or vendors may hesitate to engage with a company perceived as having poor standards or safety protocols. Operational Disruptions : The fallout from a negligence claim can disrupt daily operations, particularly if investigations or legal proceedings demand substantial time and resources from company leaders. Increased Regulatory Scrutiny : Depending on the industry, negligence can invite additional oversight from regulatory bodies, resulting in audits, fines or mandatory corrective actions. Strategies for Preventing Employee Negligence Preventing employee negligence is one of the best ways to defend your business against liability claims. Companies can adopt a proactive approach by implementing policies, training and monitoring mechanisms. Comprehensive Training Programs Employees should undergo regular training that covers core responsibilities, industry regulations and specific job functions. Training should also address general areas like workplace safety, cybersecurity and customer service. In fields with strict safety protocols, like healthcare or construction, scenario-based training is particularly valuable. Clear Policies and Procedures Establishing clear, accessible policies is crucial to setting standards for employee behavior. These documents should outline expected practices, potential consequences for negligence and steps employees can take to prevent errors. Implementing clear procedures not only improves adherence but also provides a reference for employees who might be unsure of the correct action to take in a particular situation. Use of Technology for Monitoring and Accountability Modern technology can play a valuable role in reducing negligence, especially in industries with high-risk activities. Some examples include: Security Monitoring Software : These tools track data access and ensure that employees do not share or mishandle sensitive information. 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