Ethics in Legal Billing
August 2007
The terms "ethics" or "ethical" seem to have
taken on new meaning in the 21st century. All too often, "ethics" are driven
by standards, and standards are driven by the times. As the times change, so
do the standards and thus the ethics. However, that need not always be the case.
by Michael
R. Boutot
International
Litigation Management Association
Recently I learned of an organization that is attempting to "turn back the
hands of time" and in short "reintroduce" the concept of ethics in legal billing.
The Council on Ethical Billing (CEB) is a nonpartisan alliance committed to
furthering the highest ethical standards for legal representation within the
insurance industry. The Council was founded based on discussions with insurance
executives, with the purpose to identify, educate, and inform the industry of
defense billing issues that affect claims costs, policy holder premiums, and
company profits by billions of dollars each year. Further, it creates a registry
of attorneys and law firms nationally that adhere to ethical billing standards
and pursue annually training on such standards.
The CEB is comprised of Fellows and Members. Fellows are insurance professionals,
including risk managers, insurance adjusters, and claims and litigation mangers
that are nominated by Council members or the Advisory Board. Fellowships are
limited in number and awarded by the Council at no cost. The role of the Fellow
is to nominate preferred attorneys and law firms, based on high standards and
performance, for membership in the Council. Although the CEB was launched in
early spring 2007, Fellowship is currently composed of approximately 250 individuals.
Attorneys and law firms are extended Member status by invitation only, through
nominations by Fellows. In addition, to remain a member of the Council, each
individual attorney or all insurance defense attorneys in a member firm must
complete 2 hours of Council-developed continuing legal education (CLE) ethical
training annually. The CEB is working with its insurance company members to
develop this innovative training.
The goals of the CEB include providing the insurance industry with choices
on competent and ethical counsel that place the interests of policy holders
and the public at the forefront of their billing practices. The Council provides
educational and professional development opportunities to both the insurance
industry and legal profession, publishes legal articles, creates professional
development opportunities among attorneys and firms selected by CEB Fellows,
and provides selected law firms a forum in which to promote their ethical positions
and practices among Fellows and insurance industry representatives. The CEB
is currently planning their annual conference in March 2008.
To learn more about the CEB, visit their Web site at www.ethicalbilling.org.
For information about becoming a Fellow, please contact Adam Potter at adam.potter@ethicalbilling.org.
Michael Boutot serves as Director of Business Development
for Esquire Litigation Solutions and Esquire Deposition Services, both are Hobart
West Companeis. For more information, visit www.EsquireDeposition.com and www.EsquireLitigationSolutions.com.The
views, content, and opinions expressed herein are solely those of Michael Boutot
and are not those, nor intended to be those of the Board of Directors and/or
the membership of the International Litigation Management Association (ILMA),
or The Hobart West Group and/or their subsidiaries.
Opinions expressed in Expert Commentary articles are those of the author and are
not necessarily held by the author’s employer or IRMI. This article does not purport
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