Senior Trial Attorney

AAA-The Auto Club GroupOakland, MI
$135,000 - $175,000Remote

About The Position

Responsible for litigation of Circuit and Federal cases of unlimited exposure where there is a multiplicity of complicated legal and factual issues involving the more serious injuries, excess damages, and high exposure litigation of identified legal issues which the Company may pursue through the appeal process.

Requirements

  • Juris Doctor Degree or graduate of accredited law school
  • Member of the State Bar of applicable state
  • Minimum eight (8) years’ experience in personal injury, no-fault, or insurance litigation.
  • Eight (8) trials in personal injury, no-fault, or insurance litigation, with six (6) of those being first-chair jury trials.
  • Knowledge of Civil law, judicial procedures and rules of evidence
  • Knowledge of Principles, methods, materials and practices of legal research
  • Knowledge of Discovery methods and techniques
  • Knowledge of Mediation rules, procedures and summaries
  • Knowledge of General Claims procedures
  • Knowledge of Tort liability law, including applicable theories of recovery and appropriate defenses
  • Knowledge of Insurance law, including familiarity with Uniform Trade Practices Law and Principles of Bad Faith Actions
  • Knowledge of Principles of insurance contract construction and interpretation
  • Knowledge of Policies for all lines of coverage
  • Knowledge of Michigan Court Rules and motion practice
  • Knowledge of Rules of evidence of proper techniques for introducing or excluding evidence
  • Knowledge of Standard Jury Instructions and drafting nonstandard jury instructions where appropriate
  • Knowledge of Problems in Professional Ethics relating to relationship of house counsel to insured
  • Knowledge of Office standards and procedures
  • Knowledge of Legal research and availability of research tools
  • Ability to Communicate effectively with other attorneys, court officers, the general public and others in a work environment
  • Ability to Analyze, organize, and present facts, evidence, and related materials effectively in both written and oral forms

Nice To Haves

  • Knowledge of and Demonstrates Defense trial practice demonstrated through in-depth research projects, self-education, seminar presentations, membership in related professional organizations or other activities.
  • Knowledge of and Demonstrates Company operations and quality of service, demonstrated by participation in Staff Counsel to enhance operations and services.
  • Very favorable performance on Attorney Productivity/”Scorecard” metrics
  • Knowledge of catastrophic loss litigation
  • Knowledge of Michigan No-Fault Act and significant case law

Responsibilities

  • Analyzes, files, reviews all allegations, and renders legal opinions to Claims personnel regarding evaluation and disposition of injury cases.
  • Prepares responses to civil complaints, files and answers any appropriate motions when questions of law or liability are in dispute.
  • Determines feasibility of, including third-party, defendants in pending suits.
  • Conducts discovery, including but not limited to depositions, interrogatories, requests for admission, etc.
  • Reviews insurance policy and all pertinent documents.
  • Selects legal investigators and arranges for service of subpoenas and summonses.
  • Files additional motions as facts of case and proper timing warrant.
  • Reviews medical and related technical data; consults with medical and accident reconstruction specialists regarding injuries and disabilities.
  • Analyzes information obtained through discovery and determines whether settlement is in best interests of insureds and the Company.
  • Prepares uninsured/underinsured motorist cases for trial or arbitration hearings.
  • Prepares and submits pre-trial statements; attends pre-trial hearings before judge and conducts jury selection.
  • Responsible for handling cases involving bad faith, exemplary damages, and coverage issues that may expose the Company.
  • Acts as co-counsel in high exposure litigation throughout the state.
  • Handles catastrophic loss litigation or high exposure litigation across the state.
  • Prepares case for trial, examining facts and developing trial strategy for construction of a strong defense.
  • Conducts defense of a case by delivering opening statements, examining and cross-examining witnesses, making and arguing motions, conferring with judges and attorneys, delivering closing arguments.
  • Prepares trial briefs, encompassing the insured’s defense, applicable law, and jury instructions.
  • Prepares summaries and appears before Case Evaluation Tribunal and/or Facilitator to advocate defendant’s case.
  • Evaluates award and makes recommendation as to whether to accept or proceed to trial.
  • Exercises discretion in discovery and motion practice, uses judgment in trial proceedings without substantial supervision.
  • Acts as lead counsel for trials involving catastrophic loss litigation or high exposure litigation across the state.
  • Keeps client advised of status of case in accordance with office guidelines and client satisfaction goals and consults with third-party clients regarding the litigation.
  • Advises insured and recommends retention of independent counsel for potential “over-limits” judgment to protect insured’s assets.
  • Negotiates reasonable and equitable pre-trial settlements on behalf of Company and insured, when and where possible.
  • Applies cost/benefit considerations to all litigation activity.
  • Advises payment of claims as appropriate.
  • Coordinates trial or settlement activity with co-counsel, as necessary, to protect interest of insured.
  • Recommend appeals to the Appeals Committee based on facts of case and recovery chances.
  • Renders legal advice and legal opinions as requested by Claims personnel on coverage, liability and damages.
  • Conducts Examinations Under Oath in consultation with Practice Leader.
  • Participates in the Claims Legal Counsel Program on a regular basis.
  • Participates in one or more office committees, either as a standing or rotating member.
  • Mentors less experienced attorneys on legal matters within areas of his/her expertise.
  • Leads special litigation projects.
  • Provides guidance to staff attorneys in the absence of the Supervising Practice Leader.

Benefits

  • PTO, paid sick leave
  • Medical plans with multiple coverage options, including HSA eligibility.
  • Prescription drug coverage.
  • Dental and vision benefits.
  • Employee Assistance Program (confidential support services).
  • Company-paid basic life insurance.
  • Optional supplemental life insurance and dependent coverage.
  • Short-term and long-term disability coverage.
  • Critical illness, accident, and pet insurance options.
  • 401(k) plan to support long-term financial goals. 3% automatic deferral upon eligibility; may contribute 1% to 50% of eligible earnings, either pre or post tax. Company match of 50% paid on employee contributions up to 6% of pay, payable to employees following the end of the year; immediate vesting. Additional company contribution of 4% of pay each pay day into your account; 100% vested after three (3) years of service.
  • Health Savings Account (HSA) and Flexible Spending Accounts (FSA) options.
  • Paid Time Off (PTO): Accrual-based, increases with tenure, eligible at 90 days of employment. Full-time new employees will receive up to 12 PTO days annually; accrual based on start date and may include additional PTO based on role and/or state & local requirements. Part-time employee PTO hours are calculated based upon the standard weekly hours the employee is scheduled to work and will accrue at a minimum of 3 hours per month.
  • Paid Holidays: Full-time employees are eligible for 10 company-paid holidays annually, in addition to 1 mental health day, 2 floating holidays and 1 volunteer day. Holidays vary by business unit schedules. Part-time employees are eligible for 8 company-paid holidays annually, in addition to 1 mental health day and 2 floating holidays. Holidays vary by business unit schedules.
  • Paid leave programs, including parental, bereavement, jury duty, and military leave.
  • Tuition assistance (up to $5,250 annually; 80% covered by ACG).
  • Professional certification support with 100% reimbursement for eligible programs.
  • Opportunities for career development and advancement.
  • Complimentary AAA membership with roadside assistance and travel discounts.
  • Adoption assistance program.
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