Private Counsel / Personal Counsel

Private Counsel or Personal Counsel:  Protecting Your Personal Liability In Cases Where Your Insurance Coverage May Not Be Enough

With over 25 years of experience litigating insurance defense matters, Ghantous Law Corporation serves as your dedicated advocate when your personal or business assets are at risk. We act as Private Counsel or Personal Counsel in complex cases where liability claims exceed your policy limits or fall outside your insurance coverage.

When Should You Retain Private Counsel / Personal Counsel?

In many lawsuits, an insurance company assigns a defense lawyer to represent you. However, because that lawyer is paid by the carrier and has duties to both you and the insurer—a "tripartite relationship"—conflicts of interest can arise.

You should consider retaining Ghantous Law Corporation as your Private Counsel / Personal Counsel if:

• Policy Limit Issues: You are being sued for an amount that exceeds your insurance policy limits.
• Reservation of Rights: Your insurer has agreed to defend you but reserved the right to deny coverage later.
• Uncovered Claims: The lawsuit includes allegations that your insurance policy simply does not cover.
• Multi-Party Litigation: You are a property owner or contractor involved in complex, multi-party claims where your interests may conflict with the carrier's.

Private Counsel / Personal Counsel vs. Independent  (Cumis) Counsel: What's the Difference?

While often used interchangeably, there is a distinct legal difference between these roles under California Civil Code § 2860:

• Independent (Cumis) Counsel: A lawyer you select but the insurance company pays for. They have specific reporting obligations to the carrier.
• Private Counsel /Personal Counsel: A lawyer you hire at your own expense.

The Ghantous Advantage: As Private Counsel / Personal Counsel, we maintain no obligation to the insurance carrier. This allows us to focus exclusively on your best interests, ensuring that the insurance company’s defense strategy does not ignore your uncovered risks while they decide whether to settle or go to trial.

Our Role: Standing in Your Shoes

Our goal is to resolve your legal matters quickly so you can move on without fearing the loss of your personal assets. As your Private Counsel / Personal Counsel, we:

• Oversee Strategy: We collaborate on strategy calls before and during litigation to ensure your interests are the top priority.
• Monitor Defense: We supervise the activities of the insurance company’s appointed lawyer to ensure they remain focused on you—the true client.
• Manage Risks: We help weigh the complex risks of your specific case to determine if a conflict warrants the additional cost of private representation.

Protect Your Best Interests Today

Don't navigate a high-stakes lawsuit with the uncertainty of a coverage conflict. Ensure you have an advocate who answers only to you.

Legal Resource: California Civil Code § 2860

California law defines when an insurer must provide independent counsel. Key provisions include:

• Duty to Provide: If a conflict arises, the insurer must provide independent counsel unless you waive that right in writing.
• Conflict Limits: A conflict is not automatically deemed to exist just because you are sued for more than your policy limits or for punitive damages.
• Conflict Limits:Counsel Qualifications: The insurer can require that your chosen counsel has at least five years of civil litigation experience and errors and omissions coverage.