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OUR ATTORNEY LEGAL AND INSURANCE ISSUES

OUR ATTORNEY LEGAL AND INSURANCE ISSUES. MICKEY MCINNISH. Your Attorney. Choosing the attorney Procurement issues No retainer may be in force Who does he/her represent?. Know What You Want. Represent PHA? Represent staff? Represent Board? Attend board meetings?

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OUR ATTORNEY LEGAL AND INSURANCE ISSUES

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  1. OUR ATTORNEYLEGAL AND INSURANCE ISSUES MICKEY MCINNISH

  2. Your Attorney • Choosing the attorney • Procurement issues • No retainer may be in force • Who does he/her represent?

  3. Know What You Want • Represent PHA? • Represent staff? • Represent Board? • Attend board meetings? • Review agenda/policy issues • Evictions and collections • General legal advice: i.e. personnel

  4. COMMUNICATIONS/SESSIONS • Do we get a regular report of legal activity? • Are we told status of cases/settlement? • Do we have a voice in settlement? • LOOK AT STATE LAWS • What does insurance policy say?

  5. The Insurance Company • Procurement? • Limits of policy • Right to obtain counsel • What does the contract say? • Who is the client?

  6. INSURANCE ISSUES • Who engages attorney? • Who pays for insurance coverage work? • Do we have coverage? • What are the limits? • What is deductible? • WILL ANYTHING BE PAID FROM FEDERAL FUNDS?

  7. Reservation of RightsUmbrella Coverage • What is the letter about? • Who gets? • Do I need umbrella coverage? • Sued in individual capacity.

  8. Attorney Communications • Executive Session? • Can I end effective attorney/client privilege • So what is that? • Work product? • Who is represented: board, PHA, staff, etc? • Represents the best interest of the PHA

  9. Attorney Duties • Truthful • Represent to the best of his/her knowledge • Keep client informed • Maintain attorney/client privilege and attorney work product • Notify of any conflicts

  10. What Do I Do If I Am Sued • Do NOT DESTROY any documents, emails, etc. • Do what is said in the attorney hold letter • Don’t talk to any non-party about the case • DON’T TALK TO THE PRESS • Let your attorney represent you • Immediately contact HUD and insurance company

  11. Important Attorney Steps • Must file answer within time period • Must know affirmative defenses • Must have basic knowledge of facts • Must be in touch with insurance and HUD

  12. Attorney and Insurance • Engagement letter • Knowledge of policy • Outline of case • Cost projections • Experts, discovery costs • Boil down from many issues to smaller ones

  13. Attorney Strategy • Have an idea about the attorney involved • Have information about the Plaintiff • Know the good points • AND: THE BAD POINTS • Work to establish strategy/goals/settlement options, etc. • Work backwards in general

  14. WHAT IS REQUIRED? OPTIONS? • What is required coverage under ACC? • What are some options we need to consider • What if I am sued in individual capacity? • Duty to defend? • Conflict of interest: separate attorney? • Who pays?

  15. HUD Notification • When to notify. • What about Board notification?

  16. SETTLEMENT ISSUES • Nuisance settlement? • Cost analysis • Board informed? • Board approved? • What if disagreement?

  17. LEGAL FINANCES • Detailed statement • For everyday questions: AMP costs? • Or: central office costs • Board direct communications? • Who pays for insurance coverage cases?

  18. Worst Case Issues • Judgment against PHA • No coverage: i.e. retaliation in some cases • Excess judgment • No HUD notification • Who pays?

  19. Case No. 1 • Board holds executive session, returns and puts ED on administrative leave so attorney can investigate. • HUD IG investigates, finds Board was racially discriminatory. • EEOC filed. • Insurance issues ? • Who pays?

  20. Case No. 2 • Temporary worker files EEOC alleging racial discrimination. • PHA notifies employment agency they don’t want her back because of filing. • PHA learns she is also employed by another employer. PHA goes to that employer and as a result she gets fired. • Judgment for retaliation: who pays?

  21. Prevention Issues • Have good insurance company • Try to negotiate who will represent you when sued • Have a strategy for getting information to the attorney • Know what is going on • Get regular reports • Stay quiet around others

  22. AND MOST IMPORTANT • Be sure you are covered • Know the ACC issues • Be sure staff is trained • DO what is right and legal • GET legal advice • FOLLOW IT

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