1. Lawsuits What Happens and Best Practices
MICKEY MCINNISH

2. Preliminary Considerations
HUD Reporting Requirements
Federal money? COCC?
Fiduciary Duty of Board to HUD
What is notice of lawsuit or potential lawsuit?
When do we report to insurance company?

3. Retention Policy and Letter
Litigation holds to prevent destruction of documents.
s are documents.
Personal accounts can be documents.
Other examples of documents.
Involve IT professional.
Attorney/client privilege and work product.

4. Accepting Service
Policy
Procedure
Protocol
Up the chain…..

5. Notification Insurance HUD Board of Commissioners
PHA board and insurance attorneys
Responding to media

6. Notice from Attorney Interviews Documents requested Emails Discovery
Protecting privilege

7. Attorney Actions Interview all known witnesses
Encourage all witnesses to tell the truth
Review documents
Answer/Motions
Affirmative Defenses
TIME PERIODS CRITICAL

8. Insurance Actions Employ attorney Attorney represents who?
Reservation of Rights

9. Insurance Coverage What do we defend? Who do we defend?
Are any actions of board or PHA not covered?
Separate counsel?
Conflicts

10. Witnesses Corporate witness Fact witnesses Preparing for depositions
Person Most Knowledgeable
Whom to identify and why
Fact witnesses
Current employees
Former employees
Preparing for depositions

11. Legal Issues and Opinions
Difference of opinion between PHA, Board, Attorneys? WHO DECIDES?
Conflict of Interest: When report, how resolve?
What does this do to attorney/client privilege?

12. Reports to PHA Regular board reports? Are these privileged?
Settlement proposals?
How can the board or staff destroy attorney/client privilege?
Who decides to settle?
What about policy limits and above?
Report issues about violations of ACC?

13. Settlement or Judgments
Who authorizes?
What if outside policy limits?
Can insurance pay limits and bow out?
Then what?
Federal dollars: COCC?
Personal liability for violation of ACC?

14. Mediation When prepare? When do we bring this up?
The good and the bad !!!

15. Verdict Who pays if no coverage? Who pays attorney fees and costs?
Federal dollars?
Recouping costs: can we really collect?

16. Releases
General
Medicare
Minors

17. Multiple Plaintiffs How divide payment? How paid? Releases
Same lawyer representing multiple plaintiffs: any issues?

18. Appeals
Who decides?
HUD involvement?

19. Attorney/Insurance Practice
Value of case: what is prepared and who reviews and authorizes?
Do we report everything to the board?
Settlement options, ranges of settlement.
Board: We will NOT settle this case !!!

20. Conflicts of Interest Who do I represent?
Covered/non-covered/excess costs
Multiple attorneys
Does each do separate cross, direct, motions
Or we we work together
Who determines what is in the best interest of the housing authority?

21. Exhibits To Review Litigation hold letter
Ensure compliance with litigation hold
Give all relevant evidence to lawyer
Initial letter to PHA’s attorney

22. Other Issues Reservation of Rights letter Releases
HUD notification act