HomeMy WebLinkAbout2020 Indigent Defense ServicesAGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT
INDIGENT DEFENSE SERVICES (2020)
This agreement is entered into by and between the County of Kittitas (County) and Marjorie D.
Alumbaugh (Contracting Attorney, WSBA #44091).
1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of,
public defender services for all eligible indigent criminal defendants in cases filed in the Upper
Kittitas County District Court (Court) as set forth in this agreement. The Contracting Attorney
or other assigned counsel shall provide legal representation for each assigned defendant from the
time of receiving notice of appointment through every stage of the legal proceedings at the
district court level including sentencing and the processing of notices of appeal and motions for
orders of indigence for direct appeals. The Contracting Attorney shall provide legal
representation for review hearings (e.g. probation review hearings) when appointed for that
purpose. The Contracting Attorney shall also provide legal representation for the arraignment
calendars held on Mondays at 9:00 am. All cases assigned to the Contracting Attorney as of the
date of termination of this contract for which the next set hearing date is within 45 days after
such date of termination will be handled as set forth above; provided, that in any case where the
client fails to appear for a trial or hearing after termination of the contract, the Contracting
Attorney may withdraw from representation subject to order of the court and thereafter the
Contracting Attorney shall have no obligation herein to represent the client or accept
reappointment thereafter.
2. Attorney as Independent Contractor. The parties recognize and affirm the understanding that
the Attorney is an independent contractor having no relationship to the County except to provide
professional legal defense services to the persons officially assigned to the Attorney pursuant to
this Contract. Neither the Attorney nor any employee of the Attorney is an employee of the
County. Neither the Attorney nor any employee of the Attorney is entitled to any benefits that
the County provides its employees. The Attorney will provide the Court Administrator with
proof of a valid Washington Uniform Business Identification number before commencement of
work. The Attorney is solely responsible for the timely payment of any taxes, assessments,
statutory workers compensation, or employer's liability insurance as required by Federal or state
law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment
and will indemnify the County in that regard.
3. Applicant Screening. Determination of Indigence for purposes of eligibility for appointed
counsel under this contract shall be made by a screening process established by the Court.
Counsel is under no obligation to determine a person's eligibility or continuing eligibility to
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receive publicly provided representation. However, if counsel subsequently discovers that such
person may not be eligible to receive publicly -provided representation under applicable laws,
rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules/
professional standards, shall promptly notify the appointing court of such possibility.
4. Associated Counsel. Any counsel associated with or employed by the Contracting Attorney
shall have the authority to perform the services called for herein, and the Contracting Attorney
may employ and/or associate counsel to assist her. The Contracting Attorney and all counsel
employed or associated pursuant to this section shall be admitted to the practice of law in the
State of Washington and be in good standing as such, shall comply with CrRLJ 3.1 Standards for
Indigent Defense 14.1 and 14.2, and shall have a minimum of five years' experience in the
criminal law legal field (defense attorney and/or prosecutor and/or judicial). The Contracting
Attorney shall be responsible for performance of this Agreement notwithstanding that other
counsel may be employed or associated by the Contracting Attorney to perform services herein.
The Contracting Attorney shall notify the Court of any proposed association or employment of
counsel for purposes of performing the services called herein, and shall include in such
notification information regarding the background, education, training, experience and
qualifications of such counsel, and any additional training and supervision that is proposed to be
provided to such associated or employed counsel for purposes of performing the services called
for herein. The Contracting Attorney's selection of any counsel associated with or employed by
the attorney to perform the services described in this contract shall be subject to the approval of
the Court.
5. Training. Attorneys providing public defense services shall complete seven hours of continuing
legal education approved by the Washington State Office of Public Defense within each calendar
year in courses relating to their public defense practice. (RCW 10.101.050; CrRLJ 3.1
Standards) Attorneys providing public defense services shall comply with all applicable
standards, training and/or certification requirements as may be required by court rule or
regulations and shall provide written proof of such compliance to the court.
6. Certification. Attorneys providing public defense services shall comply with the Standards for
Indigent Defense adopted by the Supreme Court. Each attorney shall provide a Certification of
Compliance with the applicable standards as required by CrRLJ 3.1 which shall be filed with the
Upper District Court administrator on the last Monday of each January, April, July, and October
by the Contracting Attorney and any associated or employed attorney providing legal defense in
Upper District Court under this agreement. The certification shall also include caseload reporting
by the attorney consistent with the requirements imposed upon the County by RCW 10.101.050.
7. Liability of Contracting Parties, Attorney as Independent Contractor. Each party to this
agreement shall be responsible for the negligent acts or omissions of its own employees, officers
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or agents in the performance of this agreement. Neither party shall be considered the agent of
the other nor does neither party assume any responsibility to the other party for the consequences
of any act or omission of any party, firm or corporation not a party to this agreement.
8. Proof of Professional Liability Insurance. The Contracting Attorney shall provide insurance
coverage as set out in this section. The intent of the required insurance is to protect the
COUNTY should there be any claims, suits, actions, costs, damages or expenses arising from
any negligent or intentional act or omission of the CONTRACTOR or subcontractor or agents of
either, while performing under the terms of this contract.
During the term of this agreement or extensions thereof, any attorney providing services under
this contract shall secure and maintain at her own expense a policy of comprehensive
professional liability insurance with an insurance company licensed to do business in the State of
Washington, and shall name the COUNTY, its agents and employees, as additional insureds
under the insurance policy(s). All policies shall be primary to any other valid and collectable
insurance. CONTRACTOR shall instruct the insurers to give COUNTY 30 -days advance notice
of any insurance cancellation. Said policy shall have limits of not less than $100,000 per
occurrence and $500,000 annual, aggregate limit. NOTE: No contract shall form until and
unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the
amount required, is attached hereto. No contract shall form until and unless a copy of the
certificate of insurance has been attached hereto.
9. Indemnification. The Contracting Attorney shall indemnify, defend and hold the County, its
elected officials, officers and employees harmless from any and all claims whatsoever arising out
of performance of the Attorney's obligations pursuant to the Agreement, including but not
limited to claims arising out of errors or omissions of the contracting Attorney (or his employees
or associates) and/or by reason of accident, injury or death caused to persons or property of any
kind occurring, except to the extent they are caused by the fault or neglect of the County or the
Court.
10. Term of Agreement. Provision of services pursuant to this Agreement shall commence January
1, 2020 and terminate on December 31, 2020, unless this Agreement is terminated earlier
pursuant to the provisions of Paragraph 22, and the Contracting Attorney shall provide service to
all defendants referred herein in accordance with the terms of this Agreement until representation
of such defendant is complete, as provided in Paragraph 1 of this Agreement. This Agreement
shall apply to all referrals made through December 31, 2020, unless the contract is terminated
earlier, in which case the contract shall apply to all referrals made until 5:00 p.m. on the date of
termination of the contract.
11. Caseload Standards. The caseload limits set forth in this agreement include a case weighting
system for establishing caseloads, a copy of which is attached hereto and incorporated by
reference. Over the course of any 365 -day period the Contracting Attorney (and any associated
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or employed counsel) shall not handle a caseload of more than 300 cases as weighted, or an
average number of 25 per month.
12. Compensation for Assigned Cases. The Contracting Attorney shall be paid shall be paid as
follows:
• New Appointments: $300 for all new Gross Misdemeanor cases $275 for all new Misdemeanor
cases.
• Probation violation/review cases shall be paid at $200.
• Jury Trial: Shall be paid $325 per diem for Jury Trial.
Attorney billing statements for assigned cases shall include the defendant's name, all charges,
and affiliated case number(s) that were assigned by the court for the defendant.
13. Compensation for Arraignment and First Appearance Calendars. The Contracting Attorney
or any associate or employed attorney shall be paid $250.00 for each Monday morning
arraignment calendar at 9:00 a.m. Attorney billing statements for Arraignment will include the
date and docket time of the attorney's appearance in court along with the monetary billing
amount associated with that docket.
14. Policy as it refers to appointments:
• After court hearings with disposition (with the exception of SOPs/DPs/or Warrants) the Court
will automatically withdraw the attorney from the case upon the filing of a notice of appeal or 30
days after the final (appealable) decision of the Court, as the case may be. Attorney does not
need to sign a withdrawal.
• On SOP/DPs- CAA may submit a motion to withdraw from the matter. If CAA withdraws from
the case and the case is subsequently set for a probation review hearing, attorney may bill
$200.00 for the probation appointment.
On cases where a warrant is ordered- CAA may submit a motion to withdraw from the matter.
If CAA is subsequently reappointed, within 18 months of withdrawal, no additional billing may
be submitted. If subsequently reappointed 18 months or longer after withdrawal, attorney may
bill $300/$275 for case if prior to disposition status or $200.00 for case at probation hearing
status.
15. Investigators. The court will set aside sufficient funds out of its public defender budget to fund
defense investigators. Public Defenders may file ex parte motions for such investigator funds.
16. Experts. The court will set aside sufficient funds for expert defense witnesses. Public
Defenders may file ex parte motions for such expert witness funds.
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17. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary
amount of time and preparation, the following additional payment may be applied for: $75 per
hour for each hour over ten (10) hours.
18. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the
contracting attorney. If the Contracting Attorney or any employed or associated attorney is
precluded from representing a client because of a conflict which cannot be resolved by transfer
of the case between the Contracting Attorney and employed or associated counsel, the attorney
shall promptly notify the Court by notice of withdrawal and substitution of another attorney
qualified under the terms of Paragraph 3. Conflict counsel shall be paid at the same per case
compensation rate as the Contracting Attorney.
19. Termination.
a. For Cause: Either party may terminate this Agreement immediately in the event the other party
fails to perform its obligations as described in this Agreement and such failure has not been
corrected to the reasonable satisfaction of the injured party in a timely manner after notice of
breach has been provided to the other party. Compensation for cases assigned prior to the
effective day of termination shall be as provided under this Agreement.
b. For Reasons Beyond the Parties' Control: Either party may terminate this Agreement
immediately without recourse by the other where performance is rendered impossible or
impracticable for reasons beyond such party's control, including but not limited to acts of nature,
war, riot, personal disability or superior governmental regulation or control.
c. Without Cause: Either party may terminate this Agreement without cause upon 90 days written
notice, which date of termination shall correspond to the last day of a calendar month. The
contracting attorney shall be responsible for completion of cases assigned prior to the effective
date of termination.
20. Amendments. No modification or amendment of the provisions of this Agreement shall be
effective unless in writing and signed by the authorized representative of the parties hereto.
21. Nondiscrimination. Contracting Attorney shall not discriminate or tolerate harassment on the
basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the
presence of any sensory, mental, or physical disability in the administration or delivery of public
defense services. Counsel shall comply with all federal, state, and local non-discrimination
requirements.
22. Physical Office/Communications and Support Staff. The Contracting Attorney will maintain
a physical office or have access to an office that accommodates confidential meeting with
clients; maintain a postal address and adequate telephone service to ensure prompt response to
client contact, and will provide sufficient support staff to provide for effective assistance of
counsel.
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23. Prescheduled Leave. The Contracting Attorney will provide a Notice of Unavailability for pre -
scheduled vacation, trainings and other leave. The court will not place matters on those dockets,
provided there has been an official Notice of Unavailability filed with the court no later than 30
days prior to the date(s) of leave. If such matters remain on those dockets, the Contracting
Attorney will be responsible to provide alternate coverage or agreed upon orders of continuance
with appropriate waivers pursuant to CrRLJ 3.3. When alternate coverage is necessary, the
covering attorney may bill the court in the amount of $250.00 for said coverage for the court
calendar (per day/not case).
24. Entire Agreement. This instrument contains the entire Agreement between the parties and may
not be enlarged, modified, or altered except in writings signed by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of
M10
Cory Wright
BOCC Chair
Judge Darrel R. Ellis
Upper hittitas County District Court
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�^ Issuing Company:
�I' AttPro RRV AttPro RRG Reciprocal Risk Retention Group
N, 41rd,T`*, {�„-,,1 -'.Gj�t.ir:r.• ffadnux a; str,iar
Lawyers Professional Liability Policy
THIS IS A CLAIMS MADE AND REPORTED POLICY. THIS POLICY ONLY APPLIES TO CLAIMS THAT
ARE FIRST MADE AGAINSTTHE INSURED AND REPORTED IN WRITING TO US DURING THE POLICY
PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. CLAIM EXPENSES ARE INCLUDED
WITHIN THE LIMIT OF LIABILITY AND THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES
SHALL BE REDUCED AND MAY BE COMPLETELY EXHAUSTED BY THE PAYMENT OF CLAIM
EXPENSES. PLEASE READ THIS POLICY CAREFULLY.
In consideration of the payment of the premium, your obligation to pay the deductible, and in reliance on all statements
in the Application and all supplementary Infonrnation you provide to us, and subject to the declarations, and all other terms,
conditions, limitations, exch siors, and endorsements of this Policy, the Named Insured and we agree as follows:
A. INSURING AGREEMENT
Subject to all terms and conditions of this Policy, we will pay on your behalf all daim expenses and damages up to
the Umits of Uability as set forth in the Declarations of this Policy, for a daim to which this Policy applies that is first
made against you during the policy period or during a prior policy Issued by us and conbruously renewed by the
Named Insured up to the present policy period. Additionally, the daim must be reported to us during the policy
period, or if applicable, reported to us during the sixty (60) day automatic extension of time to report claims. However,
our agreement to defend or indemnify you for a daim shall only apply if:
1. The claim arises from a wrongful act committed by you after the Policy retroactive date and before the Policy
expiration date;
2. The daim arises from an ad, error or omission in the performance of legal services by you on behalf of the
Named Insured or any predecessor firm;
3. The claim was not the subject of any notice previously given to any insurer, nor was the daim made under
another policy of insurance;
4. The applicable Umits of Uability of this Policy have not been exhausted by the payment of daim expenses or
damages; and,
5. No Insured knew or reasonably should have known of a prior daim or prior known incident prior to the
earlier of:
a. The inception date of the first policy issued by us to the Named Insured that was continuously renewed
up to the inception date of this Policy; or,
b. The inception date of this Policy.
Notwithstanding the foregoing, with respect to prior claims that are first reported to us during this policy
period, we will pay such prior claims under the terms and conditions, including all applicable Umits of Uability,
of the policy in place at the time the prior daim was first made against an Insured. Further, with respect to
prior known Incidents that are first reported to us as a daim during this policy period, we will pay such
claims under the terms and conditions, including all applicable Umits of Uablity, of the policy in place at the
time an Insured first became aware that a daim might be made against any Insured.
ATY-0001.00-0116 Page 1 of 16 C 2016 Attorney Protective. All rights reserved
B. DEFINITIONS
Wherever used in this Policy:
Claim means a demard received by you for money or services arising from an act, error or omission in your
performance of legal services for others. A claim shall include, but is not limited to, the service of suit or the
institution of an arbitration proceeding against the Insured or a request to toll the statute of limitations. Claim
does not include a demand for money or services in criminal proceedings of any type brought against an Insured,
or in any proceedings that seek injunctive, declaratory, equitable or non -pecuniary relief or remedies. Claim also
mans a demand received by you for money or services arcing from a network Incident.
2, Claim expenses means:
a. Reasonable and customary fees for necessary legal work performed by attorneys designated or approved
by us;
b. All other reasonable and necessary fees, costs and expenses approved by us and resulting from the
investigation, adjustment, defense and appeal of a daim; arid,
C. Premiums for any appeal bond, attachment bond or similar bond in an amount not to exceed the
unexhausted Limits of Liability of this Policy, provided that we have no obligation to apply for or furnish
any such bond.
Claim expenses do not indude crisis event expenses, disciplinary proceeding expenses, privacy
Incident expenses, or salaries or expenses of either your or our employees or attome,rs.
1 Commonly accepted technologies means current and conventional methodologies designed to secure
confidential client information and the Insured's computer system Ghat are appropriate to the size and
complexity of the Named Insured inducting, but not limited to, ut;lizatior, of i.) firewall protection; ii.) wireless
encryption, such as Wi-R Protected Access (WPA); III.) pasvNord protection; and, iv.) a destruction protocol
designed to remove or destroy confidential client information on any retired computer system, facsimile
or copier machine.
4. Computer system means any device that is used to work with dient data, indudirg, but not limited to, desktop
computers, laptop computers, tablet computers, smartphores and sof ware, including the data they contain, and
associated input and output devices, terminal devices, data storage devices, network equipment, components,
firmware and electronic backup facilities, including systems accessible through the Internet, intranets, extranets,
or virtual private networks when such are used to work with dient data.
5. Confidential client information means confidential or proprietary information not available to the general
public received by an Insured in connecton with an act, error or omission in the performance of legal services
to others regarding:
An individual dienCs non-public personal or financial information, or protected heaith informaton; or,
b. An entity or organization client's commercial information.
6. Controlled enterprise mans any existing or prospective entity, business enterprise, or real estate interest,
other than the Named Insured, in which any Insured and/or their lawful spouse, or an accumulation of
Insureds andr'o' their lawful spouses, at the time the wrongful act occurs or the claim is made:
a. Owns, owned or will own ten percent (10%) or more of the enterprise, entity, or real estate interest;
b. Votes, voted or will vote ten percent (10%) or more of tt,e issued and outstanding voting stock or elects
ten percent (10%) or more of the directors in an incorporated entry;
C. Is or was entitled to receive ten percent (10%) or more of the profits of an unincorporated enterprise or
entity;
d. Holds, held or will hold ten percent (10%) or more of the debt instruments of the entity, enterprise, or real
estate Interest; or,
e, Is or was entitled to directly control, operate or manage the entity or business enterprise, or ad as a
general partner of a limited partnership, managing general parfiership, or comparable position in any other
business entity or enterprise.
AlY-0001-00-0116 Page 2 of 16 cC 2016 Attorney Protective. Ail rights reserved.
Crisis event means:
a. The deal., departure or detAitating illness of the sole proprietor, managing partner, or practice group
leader of the Named Insured;
b. A potential dissolution of the Named Insured;
C. An incident of workplace violence related to the Named Insured; cr,
d. The filing of an involuntary bankruptcy petition against the Named Insured.
8. Crisis event expenses means reasonable fees Incurred by the Named Insured for necessary consulting
services provided by a public relations firm in response to a crisis event.
9. Damages means G5e amount that an Insured becomes legally obligated to pay as a result of any covered claim
including, but not limited to, a monetary judgment, award or set"ement, and any interest imposed on such
judgment, award or settlement, but does not include:
a. The return or restitution of legal fees, costs or expenses paid to or charged by the Insured for legal
services, no matter whether claimed as a measure of the recovers sought, or as restitution, uneamed
professional fees, forgiveness of professional fees, forfeiture, firiancal loss or set-off;
b. Any cavil or criminal:
(1) fines, sanctions, penalties, forfeitures;
(2) statutory penalties;
(3) legal fees;
(4) exemplary or punitive damages; or,
(5) awards designed to punish, deter, regulate conduct, fee shift or penalize;
imposed or awarded against an Insured or any client of an Insured, whether pursuant to any federal or
state law, statute, regulation, ordinance, court rule or case law;
C. The multiplied portion of multiplied awards;
d. Any costs incurred to comply with any order for injunctive or non -monetary relief or to comply with an
agreement to provide such relief;
e. Any amount not insurable under the applicable law;
f. Claim expenses, disciplinary proceeding expenses, crisis event expenses or privacy incident
expenses; or,
g. Any amount ordered to be paid, awarded or costs necessary to comply with any order or ruling In a
disciplinary proceeding.
10. Denial of service attack means a malicious attack to make a server or network resources unavailable to
authorized users resulting in:
a. The inability of an authorized user to access the Insured's computer system; or,
b. The inability of a client of an Insured to access his or her own computer system when such inability is
directly caused by the Insured's computer system.
11. Disciplinary proceeding mean a proceeding to investigate alleged professional misconduc`4 or other matters
relating to attorney licensing or discipline, conducted by a bar association, professional disciplinary board or
similar body regulating lawyer conduct. Disciplinary proceedings do not include criminal proceedings of any
kind, or attomey disciplinary actions or proceedings filed with any type of regulatory agency not previously
referenced in this definition, including but not limited to, the Securities and Exchange Commission, the United
States Patent & Trademark Office or the Internal Revenue Service.
12. Disciplinary proceeding expenses mean reasonable and customary fees, costs and expenses, including legal
fees for legal work performed by attorneys designated or approved by us, incurred in connection with
disciplinary proceedings;
ATY-OQt71-00-0116 Page 3 of 16 C 2016 Amey Protective. All rights reserved.
13. Insured's computer system means any computer system:
a. Leased or owned by a Named Insured and operated by an Insured for the Named Insured's benefit;
or,
b. Operated by a service provider solely for the Named Insured's benefit.
14. Legal services means services provided to others by an Insured in the capacity as:
a. An attorney or notary public;
b. An arbitrator or mediator;
C. A title insurance agent;
d. A government affairs lobbyist or advisor;
e. An administrator, conservator, executor, guardian, trustee, receiver, or in any similar court appointed
fiduciary capacity, provided such services are performed in connection with and incidental to the provision
of legal services by the Named Insured;
f. An aut`x*r, but only for the publication or presentation of legal research papers and legal writing relatng
to t^e prance of law, including materials for Continuing Legal Education credit, prorvided the total
remuneration for such work is less than $25,000; or,
g. As a member of a bar association or other legal or attorney related ethics, peer review, accreditation,
licersing or similar board, committee or organizaton;
but only if such services are performed as a member of, or on behalf of, ti•;e Named Insured. Legal services
do rot include the provision of, or failure to provide, any financial or investment advice or financial management.
15. Malicious code means the unauthorized corruption of software through the use of computer viruses, Trojan
horses, keystroke loggers, cookies, spyware, adware, worms, logic bombs and other coding methods that impair
the Insured's computer system.
lo. Named Insured means the person or entity designated as such in the Declarations of this Policy.
17. Network incident mears a denial of service attack on, or t^.e transmission of malicious code to, the
Insured's computer system resulting in:
a. an urauthoriz_d user having access to confidential client information;
b, a denial of service attack on a client's computer system; or,
c, a suspension or internaption to a client's network;
which results in a daim from a client for loss.
Network incident shall not Include any daim or loss as a result of an electrical failure, including electrical
power interruption, surge, brownout, blackout or interruption, or the failure of the Intemet, telephone or other
public irfsastnu ire network.
18. Not-for-profit organization or purpose means any organization or purpose which is organized and conducted
for the public benefit and operated primarily for charitable, civic, educational, religious, or welfare purposes.
19. Our, we, us, ours means the insurance company that appears in the Declarations of this Policy.
20. Personal injury means injury, including mental anguish and emotional distress, based upon or arising from the
provision of legal services and invoiving:
a. False arrest, humiliation, detention or imprisonment, wrongful entry or eviction, malicious prosecution,
abusive litigation (civil or criminal) or abuse of process; or
b. The publication or utterance of a libel, slander, disparagement or other defamatory material or violation of
the right to privacy.
21. Policy period means the period of time between the inception date and time, and the expiration date and time,
each as shown in the Declarations of this Policy, or this Policy's earlier termination date and time, if any.
ATY-0001.00-0115 Page 4 of 16 t, 2016 Attorney Protective. All rights reserved.
22. Predecessor firm means any person or entity that was formerly engaged in providing legal services but who
no longer does so, and to which financial assets and liabilities the Named Insured is the majority successor in
interest, and that is identfied as a predecessor firm in the Declarations of this Policy.
23. Prior daim means any daim firs` reported to us during tie policy period, but first made against an Insured
during the effective dates of a prior policy issued by us to the Named Insured and continuously renewed up to
the present policy period.
24. Prior known incident rreans any same or related wrongful act, legal services, fact, circumstance or adverse
outcome that results in a claim being first made against an Insured during this policy period, and which:
a. Is known to an Insured;
b. Is reasonably apparent to an Insured that a claim might be made; and,
C. Became known to an Insured during a prior policy issued by us to t' a Named Insured and continuously
renewed up to the present policy period.
25. Privacy incident means a violation of any privacy regulation arising from an act, error or omission in your
performance of legal services for others resulting in privacy incident expenses.
26. Privacy Incident expenses means reasonable expenses for attorneys fees and costs, consultation with
information technology experts, and court costs necessar.ly incurred by the Insured to respond to a formal
regulatory inquiry by a governmental body or agency with authority to investigate professional misconduct with
regard to a privacy incident.
27. Privacy regulation means any state or federal statute, law or regulation associated with the control and use of
personally identifiable financial, medical or other sensitive information including, but rxat limited to, Graham Leach
Bliley Act, Health Insurance Portability and Accountability Act, or Health Information Technology for Economic
and Clinical Health Act, or any of their extensions or amendments.
28. Related daims means all claims based upon or arising from the same or related facts, circumstances,
situations, transactions, advice, events, decisions or wrongful acts or in connection with the same or related
series of facts, circumstances, situations, transactions, advice, events, decisions or wrongful acts.
29. Service provider means a business that provides computer-based services to the Named Insured with respect
to the Insured's computer system.
30. Wrongful act means any actual or alleged negligent act, error or omission in the performance of legal services,
or personal injury in the performance of such legal services, for others by you.
31. You, your or Insured means:
a. The Named Insured and any predecessor firm specifically named in the Declarations of this Policy;
b. Any present partner, principal, officer, director, shareholder, or employed lawyer of the Named Insured,
but only during the performance of legal services in the course and scope of their duties on behalf of the
Named Insured;
C. Any past partner, principal, officer, director, shareholder, or employed lawyer of the Named Insured, but
only while they rendered or failed to render legal services in the course and sccpe of their duties on
behalf of the Named Insured;
d. Any lawyer who acts as Of Counsel or as an independent contractor to the Named Insured and is
designated as such in the Application and is listed in the Named Insured's records as Of Counsel or as
an independent contractor at the time of the wrongful act, but only during the performance of legal
services on behalf of the Named Insured;
e. Any non -lawyer employee or non -lawyer independent contractor of the Named Insured whose work is
engaged and directed by the Named Insured, but orly with respect to the furtherance of legal services
rendered and while acting in the course and scope of their duties on behalf of the Named Insured; or,
f. The estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the event
of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent such Insured would
otherwise be provided coverage under this Policy.
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C. DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMENTS
Defense of Claims
We have the right and duty to defend claims brought against you seeking damages to which this Policy applies,
even if the claims are groundless. However, we shall have no duty to defend claims brought against you
seeking damages or asserting claims not covered by this Policy. When we have paid our Limits of Liability as
provided in the Declarations of this Policy as payment of damages or claim expenses, or after depositing the
remaining Limit of Liability into the registry of a court of competent jurisdiction, our obligation to pay any
damages or claim expenses, or to undertake or continue the defense of any claim or suit, ends. Upon such
payment or deposit, we have the right to withdraw from the furt;?er defense of the claim or suit by tendering
the defense of the claim or suit to you. You agree to accept the tender of the defense wren we withdraw.
2. Defense Counsel
White we welcome your input in selecting defense counsel, we retain tre exclusive right to make that selemon.
Our determination as to the reasonableness of claim expenses is conclusive.
3. Settlement
We will root setae a claim without your consent; however, you may not unreasonably withhold such consent.
If you withhold consent to any settlerert that we recommend, ten our liability for the claim will not exceed
the amount for which the claim could have been settled, plus claim expenses incurred up to the date of your
refusal to consent. When total claim expenses and damages reach the amount for which the claim could
have been settled, plus claim expenses incurred up to the date of your refusal to consent, we have no further
liability for claim expenses or damages and have the right to withdraw our defense of the claim. You agree
to accept the tender of the defense when we withdraw.
You shall not settle or offer to settle any claim, incur ary claim expenses, enter into a toiling agreement, or
otherwise assume any contractual obligation, or admit any liability with respect to any claim without our prior
w i yen consent. We shall not be liable for any settlement, damages, claim expenses or assumed obligations
or admissions for which we have not given our prior written consent.
4. Collaborative Defense
Your deductible as provided In the Declarations of this Policy will be reduced by fit/ percent (50%) for the
relevant claim if we mutually collaborate with you to successfully resolve the claim and, as a result of such
collaboration, any of the following occurs:
a. The claim is set"ed or resolved by us at mediation before suit is filed at terms and conditions, and for an
amount, acceptable to us;
b. The claim is settled or resolved at mediation within 365 days after suit is filed at terms and conditions,
anal for an amount, acceptable to us;
C. The claim is sett ed or resohred as evidenced by a written settlement agreement and within 365 days of
the date the claim is reported to us at terms and conditions, and for an amount, acceptable to us; or,
d. The claim is set led or resolved by us within your deductible as provided in the Declarations of this Policy,
including all payments for damages and claim expenses.
However, the amount of the deductible reduction will not exceed $25,000 for the relevant claim.
5. Pre -Claim Investigation Assistance
Prior to a claim being made against an Insured, we may, at our sole discretion, investigate and pay casts and
expenses that we incur resulting from such investtgation of a potential claim. In order to qualify for Pre -Claim
Investigation Assistance under this provision, potential claims must be otherwise covered under the terms and
conditions of the Policy.
6. Subpoena Assistance
a. In the event you receive a subpoena for documents or testimony arising out of legal services rendered
by you, and you request assistance from us by providing us with a copy of the subpoena, we will retain
an attorney:
ATY-Ml-00-0116 Page 6 of 16 t 2016 Attomey Protective. All rights reserved.
(1) to assist you regarding the production of documents and the preparat;or of your sworn testimony,
and,
(2) to attend and represent you at your deposition.
b. However, in order for coverage to apply under this provision, you:
(1) must not be a part/ to the action out of which the subpoena arises;
(2) must have riot been retained to provide an opinion, advice or testimony in connection with such
action;
(3) must report the subpoena to us no later than three (3) business days from receipt of service, or if
not possible, as soon as practicable, and in no evert later than the day prior to t^e subpoena response
due date; and,
(4) must provide us with any information and documents we reasonably request.
We will pay claim expenses incurred as t"te result of work performed by tie attorney hired pursuant to
this section.
7. Supplementary Payments
The most we will pay for all Supplementary Payments payable under this Section is $150,000 per policy period,
regardlessof the number of Supplementary Payments sought or number of claimants or insureds irvolvad.
Payments made pursuant to this provision of the Policy are not part of and do not erode the Umits of Uability set
forth in the Declarations and are not subject to the Deductible. Supplementary Payments will be made only for
the following:
Loss of Eamings
If we request in wriMg that you attend a trial, hearing or arbitration proceeding in connection with the
defense of a claim, we will reimburse you up to $500 per day for your actual lost earnings and expenses
for such attendance for each day or part of a day you attend. The most we will pay under this subsection
is $10,000 per claim defended by us, and $50,000 in the aggregate for all claims defended by us during
the policy period. You must seek payment of any loss of earnings in writing and submit proof of your
lost earnings or expenses in a form acceptable to us within ninety (90) days of such aftz)dance.
b. Defense of Disciplinary Proceedings
We will provide for t -e defense of any disciplinary proceeding brought against you during the policy
period and reported to us within thirty (30) days of the disciplinary proceeding being brought Under
this provision, we will pay reasonable disciplinary proceeding expenses up to a maximum of $25,000
per disciplinary proceeding and $100,000 in the aggregate per policy period regardless of the number
of Insureds involved in disciplinary proceedings, or the number of disciplinary proceedings brought
against you during th.e policy period. You snail riot incur any disciplinary proceeding expenses
without our prior written consent. We shall not be liable for any settlement or disciplinary proceeding
expenses or assumed obligations or admissions for which we have not given our prior written consent.
When we have paid the maximum amount of disciplinary proceeding expenses provided under this
provision, our obligation to pay any disciplinary proceeding expenses, or to undertake or continue tie
defense of any disciplinary proceeding, ends. Upon such payment, we have the right to withdraw from
the further defense of the disciplinary proceeding by tendering the defense of the disciplinary
proceeding to you. You agree to accept the tender of the defense when we withdraw.
Crisis Event Expenses
We will reimburse you up to $25,000 for all crisis event expenses you incur as a result of any and ail
crisis events that firs` occur during the policy period, and which are reported to us during the policy
period or within sixty (60) days thereafter. Under this subsection, the most we will pay is $25,000 in the
aggregate for all crisis event expenses incurred as the result of a crisis event occurring during the
policy period, regardless of the number of crisis events, claimants or insureds involved. Under no
circumstance will we have a duty to defend any Insured under this provision. Our obligation to reimburse
you for crisis event expenses is expressly made contingent upon you submitting your request for
reimbursement along with proof of your loss in a form acceptable to us within sixty (60) days of when the
expense or payment was incurred.
ATY-0001-00-0115 Page 7 of 15 C 2016 Attomey Protective. All rights reserved.
Privacy Incident
We w -ll reimburse you up to $25,000 for all privacy incident expenses you incur as a result of any and
all privacy incidents that first occur during the policy period, and which are reported to us during the
policy period or within sixty (60) days thereafter. Under this subsection, the most we will pays $25,000
in the aggregate for all privacy incidents expenses incurred as the result of a privacy incident
occurring durirg Cie policy period, regardless of tie number of privacy incidents, claimants or
Insureds involved. Under no circumstance will we have a duty to defend any Insured under this
provision. Our obligation to reimburse you for privacy incident expenses is expressl
Any claim or request for Supplementary Payments based upon, arising out of, directly or indirectly resulting from
or in consequence of, or in any way involving any of the following:
a. Any malicious or intentional ad or abuse of process;
b. Any dishonest or fraudulent act;
C. Any willful or criminal violation of any law, statute or regulation; or,
d, Any libel or slander committed with knowledge of its falsity.
However, we will defend and pay claim expenses or disciplinary proceeding expenses for such allegations
only if the claim or disciplinary proceeding is otherwise covered by this Policy, and until there is a final
adiudicaton, judgment, order or ruling by a court or administrative body, or binding arbitration decision or
conviction against an Insured, or a written document, legal admission or statement by an Insured establishing
such conduct set forth in this exclusion, or a plea of nolo conteteere or ro contest regarding such conduct set
fort!,, in this exclusion. Once such conduct set forth in this exclusion is established as descrbed above, we have
the right to wittidraw from the defense of to claim or disciplinary proceeding, the Insured shall reimburse
us for all claim expenses or disciplinary proceeding we incurred defending the conduct set forth in this
exclusion, and we will have no further liability for claim expenses or disciplinary proceeding or damages.
You agree to accept tte tender of the defense when we withdraw.
Whenever coverage under this provision would be excluded, suspended or lost because of such conduct set forth
in this exclusion by any Insured, we agree that such coverage, as would otherwise be afforded under this Policy,
shall be applicable with respect to an Insured who did not personally participate, or personally acquiesce in or
remain passive after having personal knowledge of such conduct.
2. Any claim or request for Supplementary Payments based upon, arising out of, directly or indirectly resulting from
or in consequence of, or in any way involving any of the following:
a. Any Insured's services or capacity as an officer, director, partner, trustee, manager, owner, or employee
of a corporation, partnership, association, gust or fund, including a pension, welfare, profit sharing, mutual
or investment fund or t,:st, or any other business enterprise or charitable orgarization of any kind over
than the Named Insured, except for your services as a court appointed trustee or as an officer, director
or member of any non-proft professional legal association, its governing board, or any of its committees;
b. Any Insured's services or capacity as a public official or employee of a governmental body, subdivision or
agency, except however for a claim or disciplinary proceeding brought by a governmental agency,
body or subdivision as a client of the Named Insured that is based upon or arms solely from the
performance of legal services by an Insured to the govemmental agency, body or subdivision, but only
if such services are performed as a member of or on behalf of the Named Insured;
C. Any Insured's actual or alleged liability under any oral or written contract or agreement, unless such
liability would have attached to the Insured by law in the absence of such contract or agreement;
d. Legal services provided by an Individual or entity with whom the Insured shares office space, staff,
letterhead, facilities or equipment, who is not an Insured under this Policy;
e. Any Insured's actual or alleged violation of the responsibilities, obligations or duties imposed by the
Employee Retirement income Security Act of 1974, or the Pension Protection Act of 2006, including any
amendments, or any rules, regulations or orders issued pursuant to the above -fisted acts, or any similar
provisions of any state, federal, or local statutory law or common law anywhere in the world;
f. Any loss sustained by an Insured, or claim or disciplinary proceeding made by or against an Insured,
as beneficiary or distributee of any trust or estate;
g. Any bodily injury, pain and suffering, sickness, disease or death of any person, or for the destnxtion,
diminution in value or loss of any property or asset, accounts, or of software, data or other information in
electronic form, except that the exclusion shall not apply to mental anguish or emotonai distress based
upon or arising from personal injury;
h. Any Insured's conversion, misappropriation, embezztement, commingling, defalcaticin or ethically
improper use of or disposal of funds or other property, whether held on behalf of clients or third partes;
ATY-0001.00.01 /5 Page 9 of 16 C 2016 Attorney Protective. All rights reserved.
i. Any loss sustained or claim or disciplinary proceeding made by or on behalf of an Insured under this
Policy against any other Insured including, but not limited to, any loss, claim or disciplinary proceeding
arising out of the formation or dissolution of the Named Insured, a predecessor firm, or oter law firm
involving any Insured, or to the proprietorial rights of any Insured or former Insured to clients,
information, client lists, documents, files or client matters, or arising from a network incident or privacy
incident;
j. Any acl;ual or alleged discrimination, harassment or failure to comply with any law because of race, color,
religion, age, sex, disability, pregnancy, national origin, sexual orientation, gender identity, marital status,
or any other basis prohibited by law;
k. Any legal services rendered or that should have been rendered by you with respect to a controlled
enterprise;
1. Any Insureds financial or investment advice, prediction, warranty, guarantee, opinion, referral or action
relating to portfolio or trust account management, the performance of real estate, securities or other
investments, or the promotion, sale or solicitation for sale, of securit<es, real estate or otter investments;
m. Any Insureds actual or alleged notarized certifcatior. or acknowledgement of a signature on a document
in their capacity as a notary public when such Insured did not witness the signature beim placed on the
document;
n. The loss or destruction, or any diminuton in the value of any asset in your care, custody or control, or out
of the misappropriation of, or failure to give an account of, any asset in your care, c.stady or control,
including t~e commingling of funds;
o. Your failure to implement, update and maintain commonly accepted technologies; or
p. Any network incident or privacy incident arising from or in connecton with any act, error or omission
of any person or entity other than an Insured.
F. CONDITIONS
1. Notice of Claims
You, as a condition precedent to our obligations under this Policy, shall immediately give written notice to us
during the policy period of any claim made against you cr of your receipt of any notice, summons, complaint
or other process, that any person or entity intends to hold you resporsble for any wrongful act, with full
particulars, including but not limited to:
a. All reasonably obtainable information relating to the time, place and circumstance of the wrongful act;
b. 11he dates and persons involved;
C. The identity of art;cipated or possible claimants;
d. The identity of all Insureds implicated; and,
e. The circumstances by which an Insured first became aware of the claim.
2. Notice of Potential Claims
If, during the policy period, you become aware of any wrongful act or circumstance that might reasonably
be expected to be the basis of a claim against you, such potential claim or wrongful act will not constitute a
claim and will riot be covered under this Policy unless we receive wrttten notice of such potential claim in
accordance with the terms and conditions of this Polity, and the reasors for anticipating a daim, with full
particulars, including but not limited to:
a. Atl reasonably obtainable information relating to the time, place and circumstance of the wrongful act;
b, The dates and persons involved;
C. The identity of anticipated or possible claimants;
d. The identity of all Insureds implicated; and,
e. T'he circumstances by which an Insured first became aware of the potential claim.
ATY-000I-00.0116 Page 10 of 16 Cc 2016 Attorney Protective. All rights reserved.
If a potential claim is properly reported pursuant to the requirements of this provision, then any claim
subsequently made against an Insured based upon or arising from such wrongful actor circumstance shall be
deemed, for purposes of this Policy, to have been made durng the policy period or any applicable extended
reportng period, in which such potential claim was first reported.
3. Premium Payment
Our obligation to perform any duty under the Policy is strictly conditioned upon the payment of t`te premium
when due. Similarly, our obligation to perform any duty pursuant to a renewal of coverage provided under the
Polity shall be strictly conditioned upon the payment of the renewal premium when due. Therefore, this Policy
shall riot be deemed to have been issued, delivered, or renewed and shall not be applicable to any matter which
would otherwise be covered herein, until:
a. The premium has been paid in full; or,
b. If we have agreed to finance the Policy, the first installment has been paid in full.
If payment is made by check, electronic transfer or money order, it shall not be considered "paid in full" until
honored by the payoes bank
4. Cooperation and Subrogatlon
a. You agree to cooperate witn us and assist us in the investigation, defense and settlement of any and all
claims, potential claims and requests for Supplementary Payments, including but not limited to, promptly
providing complete and accurate information which we may reascrably require, attending any deposition,
hearing or Vial as requested by us, assisting in securing and giving testimony, obtaining the attendance of
witnesses, and doing nothing to prejudice our ability to investigate, defend or settle any claim or
disciplinary proceeding to which this Policy applies.
b. If we request, you agree to submit to any examination under oath that we may require, to be conducted
by our representatives at a time and place of our choosing.
C. You agree to follow our recommendation regarding whether or not to arbitrate or mediate a claim and
shall not agree to arbitrate or mediate a claim without our prior written consent
d. In the event of any payment under this Policy, we shall be subrogated to all your rights of recovery against
any person or organization, Including any rights you may have against any otner Insured who personally
participated or personally acquiesced in or remained passive after having knowledge of any dishonest,
intertonaily wrongful, fraudulent, criminal, or malicious act or omission. You shall execute and deliver
instruments and papers and do whatever else is necessary to secure and collect upon such rights. You
shall do nothing to prejudice such rights.
e. Ater deducting any costs or expenses incurred in obtaining recoveries under t=iis section, die amount
recovered shall be applied:
(1) first, to the Insured in reimbursement of any deducible;
(2) second, to us for reimbursement of any amount paid under the Policy; and,
(3) third, shared equally between the Insured and us for reimbursement of amounts incurred as a
result of the claim.
S. Action against Us
No action may be taken against us unless, as a condition precedent, you have fully complied with all terms and
conditions of this Policy and the amount of damages has been finally determined by the entry of judgment or
by the written agreement between the Insured, the claimant and us. No person or entity shall have any right
under this Policy to join us as a parry to any action against the Insured to determine such Insured's liability,
nor shall we be joined as a parry or interpleaded by the Insured or the legal representatives of the Insured
unless otherwise mandated by law.
6. Assignment
Neither this Policy nor any Insured's interest In this Policy may be assigned or transferred without our prior
written consent. However, If the Insured is a person and dies, the coverage afforded by this Policy shall inure
to the benefit of the deceased Insured's estate.
ATY-OWI-00-0116 Page 11 of 16 2016 Attorney Protective. All rights reserved.
Policy Territory
This Policy applies to a wrongful act taki g place anywhere in the world, provided that the claim is made and
suit is brougrt against the Insured within the United States of America, Its territories or possessions, Puerto Rico
or Canada.
Material Change
a. The Named Insured shall immediately, but in no evert later than thirty (30) days, report to us in writing
any material change tat occurs during the policy period. In each case of a material change, we shall
have the right to decline coverage, or to accept or alter coverage and charge an additional premium for
the material chane. This Policy shall provide no coverage with respect to any claim made against any
Insured where a materal change has occurred, or based upon or arising from any wrongful act
committed or allegedly committed on or subsequent to the time and date of any acquisitor, merger or
dissolution if we have not been notified of such material change.
b. A material clhange includes, but is not limited to, the following:
(1) A twenty-five percent (25%) increase or decrease in the total number of attorneys covered in this
Policy as represented in the Application;;
(2) Any mergers, acquisitions, spin-offs, dissolutions or splits involving tre Named Insured; however,
the Named Insured must provide written notice to us prior to the completion of this activity;
(3) Francial imparrnert of the Named Insured, including but rot limited to the appointment of a
receiver, conservator, liquidator, or t%stee for the Named Insured, or if t`ie Named Insured has
become a debtor in possession under bankruptcy laws;
(4) When any lawyer joining the Named Insured during the policy period is aware of any claim or
potential claim that had been alleged against that lawyer prior to joining the Named Insured; or,
(5) When any lawyer joining t'e Named Insured during the policy period is subject to any
disciplinary proceeding by any court or bar association or has been reprimanded, censured or
disbarred or prohibited from practicing law in a specific area before any court or administrative
agency,
9. Other Insurance
The insurance provided for in this Policy shall be excess over all other valid and collec' ble insurance, whether
such insurance is stated to be primary, contributory, excess, umbrella, contingent or otherwise. In no event sha8
we be responsible under this Policy for a greater proportion of such damages and claim expenses than the
Limit of Liability under this Policy bears to the total limits of liability under all applicable insurance issued by all
companies unless such other insurance is specifically purchased to apply in excess of the Umits of Lability of this
Policy.
10. Waiver
Our failure to insist on st iict compliance with any of the terms, provisions or conditions of this Policy, or the
failure to exercise any provision, right or privilege under this Policy, shall not operate as, nor be construed as, a
waiver or charge to any provision of this Policy. None of the provisions of this Policy will be waived, changed or
modified unless made by written endorsement to this Policy and signed by our authorized representative.
11. Cancellation and Nonrenewal
a. This Policy may be canceled by the Named Insured by providing written notice to us. The cancellation
shall be effective on the date specified by the Named Insured or the date the notice is received by us,
whichever is later.
b. If we cancel this Policy, the earned premium shall be computed pro rata. If the Named Insured cancels
this Policy, the Policy premium will be the amount calculated in accordance with the standard short rate
tables and procedures. Premium adjustments shalt be made within a reasonable period of time after
cancellation.
C. If we cancel or non -renew this Policy for any reason other than non-payment of premium, we shall provide
written notice to the Named Insured not less than thirty (30) days prior to the effective date of the
ATY-Ml-00-0116 huge 12 of 16 � 2016 Attomey Protective. AI nghts reserved.
carxeilaton or non -renewal. If we cancel this Policy for non-payment of premium, we shall provide written
notice to tie Named Insured not less than ten (10) days prior to t�e effective date of the cancellation.
d. If we cancel or non -renew this Policy, coverage under this Policy shall terminate on the earlier of.
(1) The date and time sited on the cancellation or non -renewal notice; or,
(2) The date and time the Named Insured secures replacement coverage.
e. Ail notices given under these provisions by us will be sent by U.S. mail to ttv Named Insured at the
address last known to us and shall be effective to cartel or non -resew this Policy for all Insureds.
f. The offering of rerewai terns and conditions different from ti~e expiring terms and condi: ors shall not
constitute a non -renewal.
12. Entire Contract
By acceptance of this Policy you agree that:
a. All of the information, Applications, supplements, addendums and statements provided to us by the
Named Insured are true, accurate and complete and shail be deemed to constitute material
representations made by each and all of the Insureds;
b. This Policy is issued in reliance upon the Named Insured's information, Applications, supplements,
addendums, and statements;
C. This Policy and all its endorsements, together with the completed and signed Appiicawon and any and all
information, Applications, supplements, addendums and statements provided by you to us are deemed to
be incorporated Into this Policy and embody all of the agreements existing between you and us and shall
constitute the entire contact between you and us; and,
d. The misrepresentation of any material matter by you or your agent, whetter in the Application or
otherwise, will render this Policy null and void and relieve us from all Butes and liability iffier this Policy.
13. Named Insured as Sole Agent
The Named Insured shall be the sole agent of all Insureds under this Policy for the purpose of effecting or
accepting any notices under this Policy, any amendments to or cancellation of this Policy, for the completing of
any Applications and the making of any statements, representations aril warranties, for the payment of any
premium and the receipt of any return premium that may become due under this Policy, and the exercising or
declining to exercise any rights under this Policy.
14. Economic Sanctions
Payments under this Policy shall be made only in full compliance with all United States economic or trade sanction
laws or regulations including, but not limited to, sanctions, laws and regulations administered and enforced by
the United States Treasury Department's Office of Foreign Assets Control,
G. AUTOMATIC EXTENSION OF TIME TO REPORT CLAIMS
Commencing upon the cancelation or nonrenewal of this Policy by either the Named Insured or us, we will provide
an automatic extension of sixty (60) days to the Named Insured to report any claims that were first made against
an Insured during the policy period. However, if the Named Insured has obtained another policy of lawyers
professional liability insurance that covers daims that would otherwise be reported to us during the automatic
extension period, this provision will not apply.
This automatic extension, shall not extend the policy period or change tte scope of coverage provided. Any claim
first reported to us during the automatic extension will be deemed to have been made on the last day on which this
Policy is in effect, The Umits of liability that apply at the end of the policy period are not reinstated, renewed or
Increased for claims first reported during the automatic extension of sixty (60) days.
H. EXTENDED REPORTING PERIODS
1. Terms and Conditions Applicable to All Extended Reporting Per.ods
ATY-0001-00-0116 Page 13 of 16 '✓ 2016 Attorney Protective. All rights reserved.
If this Policy is canceled or non -renewed by the Named Insured or us for any reason, or if an Insured
is otherwise eligible for an extended reporting per.od option as set forth in sections H.2. or H.3. below, we
shall, upon written request of the Named Insured, make an offer of an extended reporting period for the
terminated coverage, subject to the following terms and conditions:
(1) The Named Insured must make the request to us in writing, and pay the addition' premium, if
any, within sixty (60) days of cancellation or non -renewal of this Poiicy, or in the alternative, within
the time periods set forth for the extended reporting period options under H.2. or H.3. below; and,
(2) Any extended reporting period, and all claims reported thereunder, snail be subject to all terms and
conditions of t'nts Policy.
b. Any extended repor*urx3 period:
(1) Must be evidenced by an endorsement issued by us in writing;
(2) Will provide the Named Insured with an additional period of time as set forth in the endorsement
to report claims first made or brought against an Insured during tie policy period or during the
extended reporting period;
(3) Shall not constiWte a new policy;
(4) Shall not reinstate, increase or renew the Limits of Liability, and such limits shall be a part of, and
not in addition to, the Limits of Liability for the policy period; and,
(5) Shall cover only those claims based upon or arising from wrongful acts committed by an Insured
after the Policy retroactive date and before the end of the policy period.
C. The rig^t to any extended reporting period endorsement is expressly extinguished if:
(1) Any amount payable to us under the Policy has not been paid In accordance with the terms of
payment, including the failure to pay any premiums when due, or tie failure to timely pay deductible
amounts due and owing;
(2) Any Insured made material misrepresentations in tie Application, supplements, addendums or
attachments to the Application or to underwriting Inquiries;
(3) At the time this option could be exercised, the relevant Insured was not licensed to practice law, or
had his or her license revoked, suspended or surrendered for any reason; or,
(4) There is or was any material noncompliance by an Insured with any of the terns or conditions of
this Policy.
2. Non -Practicing Extended Reporting Period — Additional Terms & Conditions
Upon the total and permanent retirement or cessation of the full-time or part-time practice of law, an Insured
may be eligible for an extended reporting pe^od endorsement, subject to the following terms and coalitions:
a. Tie relevant Insured retired or ceased the Fall -time or part-time practice of law, or leaves the private
practice of law to become a state or federal judge, during ti-iie policy period;
b. The relevant Insured was, at the time this option could be exercised, a partner, principal, officer, director,
shareholder or employed lawyer, other than an Independent contractor, who was paid under a regular
payroll schedule or firm distribution and had federal and state (if applicable) takes withheld by Named
Insured;
C. Time Named Insured was insured by us for at least three (3) consecutive years prior to the request for
the Non -Practicing Extended Reporting Period and the relevant Insured was employed by the Named
Insured for ftse same three (3) years;
d. The relevant Insured notifies us In writing of their retirement or cessation of the practice of law and intent
to exercise this option within sixty (60) days of date the relerant Insured retires or ceases t*e practice of
law, or at the end of the policy period, whichever comes first; and,
e. Coverage provided under the Non -Practicing Extended Reporting Period will cease immediately upon an
Insured's resumption of full or part time practice of law. However, Insureds performing voluntary or
uncompensated legal services on a full or part-time basis for or on behalf of not-for-profit
ATY-0001-00-0116 Page 14 of 16 9 2015 Attomey Protective. Ali rights reserved.
organizations or purposes will be considered retired for the purpose of retaining their Non -Practicing
Extended Reporting Period under this subsection so long as such Insureds have otherwise ceased the
practice of law, provided no other legal services, and are not compensated in any way (not including
reimbursement for actual costs or expenses related to the uncompensated representation) for providing
the legal services. Such voluntary legal services are not covered by the Non -Practicing Extended
Reporting Period as set forth In Section H. Receipt of free office space or supplies or provision of health
care or other benefits in exchange for legal services is considered to be compensation for legal services.
3. Death or Permanent Disability Extended Reporting Period - Additional Terms & Conditions
Upon the death of an Insured or when an Insured becomes totally and permanently disabled, the relevant
Insured may be eligible for an extended reporting period endorsement of up to five (5) years for no additional
payment of premium under the following terms and conditions:
a. The relevant Insured died or became totally and permanently disabled during the policy period, and the
death or disability was riot the result of suicide, drug or alcohol abuse, or an intentionally self-inflicted
wound;
b. The relevant Insured was, at the time this option could be exercised, a partner, principal, officer, director,
shareholder or employed lawyer, other than an independent contractor, who was paid under a regular
payroll schedule or firm distribution and had federal and state (if applicable) taxes withheld by Named
Insured;
C The Named Insured was insured by us for at least three (3) consecutive years prior to the request for
the extended reporting period;
d. Within sixty (60) days of the death or total and permanent disability, or within thirty (30) days of the enol
of the policy period, whichever comes first, the relevant Insured or their legal representative notifies us
In writing of the death or disability, provides evidence satisfactory to us of such death or disability, and
requests this extended reporting period endorsement; and,
e. The extended reporting period endorsement expires upon the expiration of five (5) years, or the date the
estate is discharged, or the date the relevant Insured is no longer totally and permanently disabled,
whichever canes first.
4. Premium for Extended Reporting Periods
a. The additional premium for an extended reporting period endorsement other than the Non -Practicing,
Death or Permanent Disability options, shall be based upon the premium of the expiring Policy as follows:
(1) One hundred percent (100%) of the annual premium for a one-year extended reporting period;
(2) One hundred fifty percent (150%) of the annual premium for a two-year extended reporting period;
(3) One hundred seventy-five percent (175%) of the annual premium for a three-year extended reporting
period;
(4) Two hundred twenty-five percent (225%) of the annual premium for a six year extended reporting
period; or,
(5) Two hundred fifty percent (250%) of tate annual premium for an unlimited extended reporting period.
b. No additional premium Is due for a Non-Practidng Extended Reporting Period endorsement issued pursuant
to H.2 above, for up to an unlimited duration.
C No additional premium is due for a Death or usability Extended Reporting endorsement issued pursuant
to H.3 above, for a period of up to five (5) years in duration.
d. Any premium paid to us for an extended reporting period endorsement is non-refundable.
A TY -000 1 -00-0 116 Page 15 of 16 t 2016 Attomey Protective. Ai{ rights reserved.
IN WITNESS WHEREOF, AttPro RRG Reciprocal Risk Retention Group has caused this Policy to be s,gned by its President
and Sea-eary of Med Pro Risk Retention SerAces, Inc., Attorney in Fad for A'ttPro RRG Reciprocal Risk Retention Group.
�s .din
President Secretary
ATY-Ml-00-0116 Page 16 of 16 G 2016 Attorney Protective. All rights reserved.
Issuing Company:
AttPro RRG Reciprocal Risk Retention Group
ECONOMIC SANCTIONS EXCLUSION ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
in consideration of the payment of premium, it is urderstood and agreed haat the following endorsement is attached to
and modifies the Policy,
The fol'owing exclusion is added to paragraph 2 of Section E., EXCLUSIONS, of the Policy:
Where coverage for sue claim or Supplementary Payments would result ir: violation of any U.S. economic trade
sanctions such as, but rvt limited to, those sanctions administered and enforced by the U.S. Treasury Department's
Office of Feign Assets Control. Similarly, any coverage relating to or referred to in any certificates or other
evidences of insurance, or any claim or Supplementary Payments that would be in violation of U.S. economic or
trade sarctons as described above shall be null and void.
All other terms and conditions of the policy remain unchanged.
ATY-2015-00-0116 Page 1 of 1 2016 Attorney Pr�. All rights reserved.
Issuing Company:
AttPro RRG Reciprocal Risk Retention Group
WASHINGTON AMENDATORY ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
In consideration of the payment of premium, it is understood and agreed Ghat the following endorsement is attached to
and modifies the Policy.
Condition 11 of Section F., CONDITIONS, of the Policy is deleted in its entirety and replaced with the following:
11. Cancellation and Nonrenewal
This Policy may be cancelled by the Named Insured by mailing, faxing or e -mailing written notice to
us, or to any of our authonzed representatives, requesting cancellation. The Named Insured may
also cancel this Policy by surrendering this Poilcy, or by providing verbal notice of cancellation to us,
or any of our authorized represertatives. If the Named Insured verbally requests cancellation, we
will require confirmation of the cancellation in writing from the Named Insured or by the Named
Insureds authoezed agent, if any, with the authority to cancel the Policy. The cancellation shall
become effective on the date requested by the Named Insured or the date the notice is received by
us, whichever Is later.
b. This Policy may be canceled by us by mailing or delivering written notice to the Named Insured at
the last known address, and to the agent of record, If any:
(1) At least ten (10) days prior to the effective date of cancellation if the Named Insured has failed
to pay a premium when due, whether the premium is payable directly to us or indirectly under
a premium finarce plan or extension of credit; or,
(2) At least forty-five (45) days prior to the effective data of cancellation for any other reason.
C, The notice shall include the actual reason(s) for the cancellation and describe significant risk factors
that led us to our underwriting action. Such notice will be sent to any other person shown by the
Policy to have an interest in any loss which may occur thereunder including all additional insureds
named on the Policy. A certificate of mailing shad constitute proof of mailing.
d. If we cancel the Policy the earned premium shall be computed pro rata. If tre Named Insured
cancels the Policy, the earned premium shall be computed pro rata. Premium adjustments shall be
made within a reasonable period of time after cancellation, but payment or tender of such unearned
premium shall not be a condition of cancellation.
This Policy may be nonrenewed by us. We will mail or deliver writ* -n notice of the nonrenewal, along
with a description of the reason for our underwriting action, to the Named Insured and its authorized
representative, if any, at its last known address not less than forty-five (45) days prior to the expiration
date provided in this Policy,. Any notice of nonrenewal will include a statement of reasons therefore.
No notice of nonrenewal will be sent if the Named Insured is insured elsewhere, has accepted
replacement coverage, or has requested or agreed to ronrenewal.
ATY-9041-WA-0115 Page 1 of 2 t 2016 Attorney Protective. All rights reserved.
No notice of nonrenewal will be sent to the Named Insured if:
(1) We provide written notice of our willingness to renew this Policy, including a statement of the
amount of the premium or portion thereof required to be paid, to the Named Insured either
directly or through the Named Insured's authorized representative, if any, at least twenty
(20) days prior to the expiration of the Policy, and the Named Insured fails to discharge the
payment when due;
(2) The Named Insured has procured equivalent coverage prior to expiration of the Poilcy term;
or,
(3) The Policy is evidenced by a written under containing a dearly stated expiration date which
has expired by its terms.
g. Whenever a notice of cancellation or renewal of this Policy is provided to the Named Insured, a
copy of such notice shall be provided to the Named Insured's authorized produce.• cr ay -nt, if any,
within five (5) working days. Whenever possible, the copy to the Named Insured's a;:t"crzec
producer or agent, if any, shall be provided electronically.
Ali other terms and conditions of the Policy remain unchanged.
AN -9001 -WA -0116 Page 2 of 2 C 2016 Attomey Protective. AU rights reserved.
OPD Model Case Weighting Policy - Misdemeanors
1. Purpose
This policy implements a system for weighting public defense cases for purposes of certifying to
public defense misdemeanor caseloads pursuant to the Washington Supreme Court's Standards for
Indigent Defense. This policy recognizes that appropriate case weighting allows reasonable
workloads for public defense attorneys consistent with applicable rules and standards.
2. Applicable Court Rules, Regulations, and Standards
A. Washington State Rules of Professional Conduct
B. Criminal Rules for Courts of limited Jurisdiction
C. Washington Supreme Court Standards for Indigent Defense (Standards)
3. Definitions
A. Administrator: the designated supervisor of public defense services: Sarah Keith, Superior
Court Administrator, Barbara Demory, tower Kittitas District Administrator, Diana MacKenzie,
Upper Kittitas District Administrator.
B. Case: the filing of a document with the court naming a person as defendant or respondent, to
which an attorney is appointed in order to provide representation.
i. In courts of limited jurisdiction multiple citations from the same incident can be counted
as one "case."
ii. The number of counts in a single cause number does not affect the definition of a
"case."
iii. When there are multiple charges or counts arising from the same set of facts, the
weighted credit will be assigned based on the most serious charge.
C. Case Weighting: the process of assigning a numerical value, or "weighted credit," to specific
types of cases that recognizes the greater or lesser attorney workload required for those cases
compared to an average case.
D. Caseload: the complete array of cases in which an attorney represents or provides service to
clients.
OPD Model Public Defense Misdemeanor Case Weighting Policy — 2019
E. Docket /Calendar: a grouping of filings where a public defense attorney is designated to
represent indigent defendants without an expectation of further or continuing representation.
Examples include, but are not limited to, first appearance calendars and arraignment calendars.
F. Full Time: working approximately forty hours per week. It is presumed that a "full-time" public
defense attorney spends approximately 1,800 hours annually on case representation. It is
expected that other work time is spent on administrative activities, attending CLEs, participating
in professional associations or committees, and spending time on vacation, holiday, or sick
leave.
G. Local Factors: practices, characteristics, or challenges that are unique to the delivery of public
defense in a given jurisdiction, and that substantially impact the time required for effective
delivery of public defense services.
H. Non -Charge Representations: matters where public defense attorneys represent clients who
are eligible for public defense representation for matters that do not involve the filing of new
criminal charges. Examples include, but are not limited to, sentence violations, extraditions, and
representations of material witnesses.
I. Partial Representations: situations where clients are charged with crimes, but representation is
either cut short at early stages of the case, or begins significantly later. Such situations include,
but are not limited to, client failures to appear, preliminary appointments in cases in which no
charges are filed, withdrawals or transfers for any reason, or limited appearances for a specific
purpose.
J. Public Defense Attorney: a licensed attorney who is employed or contracted to represent
indigent defendants. "Public Defense Attorney' also refers to a licensed attorney who is list -
appointed to represent indigent defendants on a case-by-case basis.
K. Weighted Credit: one weighted credit represents a type of case which, on average, requires six
hours of attorney time.
4. Misdemeanor Caseload Limits
As provided in the Washington Supreme Court Standards for Indigent Defense, the caseload of a
full-time public defense attorney should not exceed 300 misdemeanor weighted credits per year,
which is equivalent to the time spent on 400 average misdemeanor cases per year. The caseload of
a full-time Rule 9 intern who has not graduated from law school may not exceed 75 misdemeanor
weighted credits per year.
5. General Considerations
A. Caseload limits reflect the maximum caseloads for fully supported full-time defense attorneys
for cases of average complexity and effort.
OPD Model Public Defense Misdemeanor Case Weighting Policy — 2019
B. Caseload limits are set to ensure that all public defense attorneys have adequate time to
provide quality representation.
C. Caseload limits assume a reasonably even distribution of cases throughout the year.
D. If the public defense attorney is carrying a mixed caseload with non -misdemeanor cases, the
attorney's caseload should be calculated proportionately by case type, as provided in the
Standards.
E. If the public defense attorney also maintains a private law practice, the public defense caseload
should be proportionate to the percentage of work time the attorney devotes to public defense.
F. If the attorney provides public defense services in multiple courts, the combination of cases
from all courts are used for caseload calculations.
6. Weighted Credits
A. Weighted Credits by Criminal Charge Category.
The weighted credits to be assigned by criminal charge category are in the Table of Weighted
Credits by Charge Category found on the following table:
Table of Weighted Credits by Charge Category
Criminal Charge Categories4
Weighted Credits
Alcohol Related Offenses (excluding DUI)
0.50 credits
Assault (not Domestic Violence)
1.0 credit
Criminal Trespass 1 or 2
0.75 credits
Disorderly Conduct (excluding Indecent Exposure
0.50 credits
Domestic Violence - Assault, Reckless Endangerment
1.5 credits
DUI and Physical Control
1.5 credits
DWLS 1" and 2nd Degree
0.75 credits
DWLS 3`d Degree
0.50 credits
Harassment
1.5 credits
Hit and Run -Attended and Unattended
0.75 cr2dits
Malicious Mischief
0.75 credits
Obstructing a Public Servant
0.75 credits
Racing
1.0 credit
4 Hundreds of misdemeanor charges arise in courts of limited jurisdiction based on statutes and municipal codes.
In creating this policy, similar charges requiring approximately the same amount of work time have been grouped
into the categories in this table. Examples of charges under each category can be found in Appendix A.
OPD Model Public Defense Misdemeanor Case Weighting Policy —1019
Reckless Driving
1.0 credit
Simple Traffic Offenses (e.g. No Valid Driver's License)
0.50 credits
Theft/Shoplifting
0.75 credits
Violation of a Protection Order/No Contact
Order/Restraining Order
0.75 hours
Weapons Related Offenses
1.0 credit
Other Unlisted Misdemeanors
0.75 credits
It is important to remember that in all cases, even those with fewer weighted credits and those
that may be resolved by routine non -criminal resolutions such as diversion or reduction to an
infraction, an appointed public defense attorney must first meet the basic requirements for
providing effective assistance of counsel, such as interviewing and fully communicating with the
client, carefully reviewing the evidence, obtaining records, investigating as appropriate, and
preparing for court.
B. Guilty Pleas at First Appearance or Arraignment
As required by Standard 3.5, resolution of cases by pleas of guilty to criminal charges at a first
appearance or arraignment hearing are presumed to be rare occurrences requiring careful
evaluation of the evidence and the law, as well as thorough communication with clients.
Therefore, if the attorney is appointed, these guilty pleas must be valued as one case.
C. Routine Early Non -Criminal Resolutions
When an attorney is appointed to represent clients facing charges that, by local practice, are
resolved at an early stage by diversion, reduction to an infraction, stipulated order of
continuance, or other alternative non -criminal disposition that does not involve a finding of
guilt, Standard 3.6(B)(v) permits the attorney to count them at no less than 1/3 of a case.
Routine Early Non -Criminal Resolutions
DWLS 3, NVOPL without ID, M1PIM+C, False 1D,
Minor Frequenting a Tavern, POM, PORP, Disorderly
Conduct Resisting Arrest Noise Violations, Criminal
Trespass, Nit & Run, False Statement to Public
Servant Obstructing, Malicious Mischief, Theft,
No less than 1/3 of a
Possession of Stolen Property, Unlawful Recreational
case
Fishing 2nd Degree, Unlawful Possession of a Loaded
Rifle or Shotgun in a Motor Vehicle
OPD Model Public Defense Misdemeanor Case Weighting Policy — 2019
D. Partial Representation:
A partial representation is counted based on the amount of time that an attorney has spent on
the case. Each hour of work is assigned 0.17 weighted credits, up to the maximum weighted
credits normally assigned for the case type.
E. Sentence Violations and Other Non -Charge Representation:
As stated in Standard 3.6(B)(ii) sentence violations and other non -charge representations may
be counted as no fewer credits than one-third of a case.
F. Dockets / Calendars: Cases on a criminal first appearance or arraignment docket where the
attorney is designated, appointed, or contracted to represent groups of clients without an
expectation of further or continuing representation and which are not resolved at that time
(except by dismissal or amendment to an infraction) are not counted individually. Instead, the
attorney's hours needed for appropriate client contact, preparation, and court time are
calculated as a percentage of the net annual hours of work time, and then applied to reduce the
attorney's caseload. Each hour of such docket time is assigned 0.17 weighted credits.
7. Adjustments
A. Case -Specific Adjustments: Because credits are assigned to cases based on an average amount
of time needed for each charge type, ordinary deviations in how complex a case is or how long it
takes do not justify an adjustment to a case's credit value. It is assumed that attorneys will
receive a mix of cases of varying complexity and effort, ending with a combination of cases that
closely approximates a full-time caseload. However, an attorney may request that the weighted
credit be adjusted upward for any particular case that involves substantially more work.
Examples may include cases where a client's competency is litigated, extraordinarily long trials,
or cases that go to jury trial more than once. Weighted credits may not be adjusted downward
unless pursuant to the process identified in 7.B.
B. local Factors: Due to the following circumstances, this policy deviates from the Model
Misdemeanor Case Weighting Policy by making adjustments to weighted credits as follows:
nja
OPD Model Public Defense Misdemeanor Case Weighting Policy — 2019
Appendix A: Charge Category Examples
CategoriesCharge
• of • •
Drinking in Public, Park Violation/Alcohol, Minor in
Alcohol Related Offenses
Possession of Alcohol, Serving Minor
Assault/Simple Assault (not domestic
Assault in the 4th Degree, Strangulation
violence)
Trespass 1" Degree, Trespass Building, Trespass on Posted
Criminal Trespass 1 or 2
Public Property
Disorderly Conduct (Excluding Indecent
Public Nuisance, Excessive Noise, Breach of Peace,
Exposure)
Urinating in Public, Fighting, Pedestrian Interference
Domestic Violence Related Offenses
DV Assault, DV Reckless Endangerment
Operating Vessel While Intoxicated, Minor Operate
DUI or Physical Control
Vehicle After Consuming Alcohol
DWLS 1" and 2"d Degree
Driving with a Suspended License First and Second Degree
DWLS 3`d Degree
Driving with a Suspended License Third Degree
Stalking, Cyberspace Stalking, Telephone Harassment,
Harassment
Harassment Threaten Property, DV Harassment
Hit and Run Unattended Vehicle/Property, Hit and Run
Hit and Run -Attended and Unattended
Accident/Injury, Hit and Run Bike/Pedestrian
Malicious Mischief
Graffiti, Property Destruction
Obstructing a Public Servant
Hindering Police, Obstructing Liquor Officer
Racing
Racing Vehicles
Reckless Driving
Reckless Driving
No Valid Driver License, Fail to Transfer Title Within 45
Simple Traffic Offenses
days, Trip Permit Violation
Theft/Shoplifting
Identity Theft, Theft of Rental/Lease Property
Violation of a Protection Order / No
Protection Order Violation, Restraining Order Violation, No
Contact Order / Restraining Order
Contact Order Violation
Weapons Related Offenses
Possession of a Dangerous Weapon, Aiming or Discharging
Firearm, Carrying Concealed Pistol Without Permit
OPD Model Public Defense Misdemeanor Case Weighting Policy — 2019
Appendix B -- Case Weighting Summary Chart
Criminat Charge Categories
Alcohol Related Offenses (excluding DUI)
Weighted Credits
0.50 credits
Assault (not Domestic Violence)
1.0 credit
Criminal Trespass 1 or 2
0.75 credits
Disorderly Conduct (excluding Indecent Exposure)
0.50 credits
Domestic Violence - Assault, Reckless Endangerment
1.5 credits
DUI and Physical Control
1.5 credits
DWLS 1" and 2nd Degree
0.75 credits
DWLS 3`d Degree
0.50 credits
Harassment
1.5 credits
Hit and Run -Attended and Unattended
0.75 credits
Malicious Mischief
0.75 credits
Obstructing a Public Servant
0.75 credits
Racing
1.0 credit
Reckless Driving
1.0 credit
Simple Traffic Offenses (e.g. No Valid Driver's License)
0.50 credits
Theft/Shoplifting
0.75 credits
Violation of a Protection Order/No Contact Order/Restraining Order
0.75 hours
Weapons Related Offenses
1.0 credit
All Other Unlisted Misdemeanors
0.75 credits
OPD Model Public Defense Misdemeanor Case Weighting Policy — 2019