Loss prevention refers to the processes by which law firms identify and then attempt to avoid or minimize the liability and professional responsibility risks potentially threatening them and their lawyers. By now there should be no doubt that loss prevention is critical to law firms. Since the mid-1980s there have been dozens of publicly-reported settlements by, or verdicts against, large and sophisticated law firms exceeding $20 million. There are numerous publicly-reported settlements by, and verdicts against, law firms in the $3-19 million range, and six-figure verdicts and settlements abound. These totals do not include defense costs, which are often substantial, and may equal or exceed any amounts paid in settlement or to satisfy judgments. Many fine law firms have been disqualified in representations because of conflicts of interest and potential breaches of confidentiality, and partners and associates at respected law firms have been exposed to professional discipline and criminal prosecution for all manner of offenses.
Even where allegations of negligence or misconduct are found to be groundless or the amount in controversy is relatively insubstantial, a law firm's reputation may be compromised; the lawyers whose conduct is at issue may feel stigmatized, and client relationships surely are disrupted or impaired. In short, law firms and lawyers who are alleged to have engaged in wrongdoing suffer in many ways that are not purely financial.
Aon’s Commercial Risk Solutions, Professional Services practice has long been committed to
assisting its law firm clients in their loss prevention efforts. We are the only broker with a dedicated, comprehensive loss prevention approach. Our loss prevention efforts are carefully tailored to our clients' needs and desires. We strive to be proactive rather than reactive, and we pride ourselves on spotting issues and formulating methods for addressing them before they pose problems for our clients. We work cooperatively with our clients to help them achieve their practice goals at minimum risk to the firm and its lawyers.
Professional Services practice clients can take advantage of a number of loss
prevention services. Key service components are listed below.
Telephone consultation. When a client has a question or concern related to a potential conflict of interest, professional liability, legal ethics, or any sort of professional responsibility matter, a representative of the firm may call our loss prevention experts to discuss the situation. These consultations are strictly confidential.
Presentations and "in person" consultations. Members of our loss prevention team routinely travel to client firms to speak on a variety of issues, and they do so in a variety of formats. They also travel to client firms to consult on sensitive liability and ethics issues affecting the firm or its lawyers.
E-mail bulletins. When we learn of an important and timely ethics or loss prevention development potentially affecting our clients, or identify subjects that we believe warrant updating, we send e-mail bulletins to designated client representatives. The recipients are then free to disseminate the information in the e-mail within their firms as they see fit. Our e-mail bulletins are by their nature unscheduled.
Quality Assurance Review. The Quality Assurance Review is Aon's journal of significant loss prevention, insurance and practice management issues. It is published three or four times a year. In addition to sending copies to designated client representatives, we can send the QAR via e-mail in PDF format for easy distribution within firms.
Case Studies. From time-to-time we learn of interesting cases that hold great educational value. Where possible, we distribute copies of pleadings and other important documents and transcripts from those cases, coupled with explanatory memoranda based on our conversations with participants and observers. The memoranda typically discuss key aspects of the case and offer lessons to be learned for other firms.
Monographs and White Papers. We have, on average, distributed one monograph, a nearly book-length treatment of a single subject, per year. We also distribute lengthy white papers on key subjects. Examples of recent monographs and white papers include "The Attorney-Client Privilege and Associated Confidentiality Concerns in the Post-Enron Era", "Litigation Ethics", "Employment Practices: Loss Prevention Guidelines for Professional Services Firms", "Lawyers Professional Responsibilities and Liabilities in Negotiations", and a thorough discussion of lawyers supervisory responsibilities prompted by an unfortunate case from Maine entitled "Measures Giving Reasonable Assurance That All Lawyers in the Firm...". We strive to deliver practical analysis and information that is easily read and understood. Because our monographs and white papers are exhaustively researched, they are valuable reference materials.
Firm Reviews. Our loss prevention team will review firms' loss prevention policies and procedures at their request, and, if necessary, suggest refinements or enhancements. These reviews often include interviews and meeting with select lawyers and administrators within firms, and subsequent debriefings.
Forms and Policies. We maintain a full library of model forms and prototype law firm policies.
Symposium and Regional Meetings. Every October, we host a two-day symposium for client firms that addresses all aspects of loss prevention. Our Symposium is the preeminent program of its type. Speakers include leading practitioners and scholars. We also host regional meetings to discuss timely ethics and loss prevention issues, and to foster communication among Loss Prevention Partners and General Counsels at client firms.
Aon’s Commercial Risk Solutions, Professional Services practice loss prevention efforts are
directed by three senior lawyers.
Douglas R. Richmond. Doug is a Managing Director in Chicago and leads our loss prevention efforts. He joined Aon in 2004. He previously was a partner with Armstrong Teasdale LLP in Kansas City, Missouri.
Doug joined Aon with a national reputation as a trial and appellate lawyer. In 1998, he was named the nation's top defense lawyer in a poll of insurance industry sources as reported in the publications "Inside Litigation" and "Of Counsel". Doug was selected by his peers to be included in "The Best Lawyers in America" in the areas of legal malpractice, railroad law, and personal injury litigation. He has been elected to membership in the American Law Institute (ALI), American Board of Trial Advocates (ABOTA), the American Bar Foundation, and the International Association of Defense Counsel (IADC). Doug is the lead author of a legal ethics treatise, "Professional Responsibility in Litigation" (ABA 2011), and a co-author of a leading insurance law treatise, "Understanding Insurance Law" (5th ed. 2012). He has also published over 50 articles in university law reviews, focusing his scholarship on ethics, evidence, insurance, and professional liability. He teaches Legal Ethics at the Northwestern University School of Law and is a regular NITA faculty member.
Doug earned his J.D. from the University of Kansas and his B.S. from Fort Hays State University. He also holds a master's degree from the University of Nebraska.
Henry S. Bryans. Better known as Harry, he joined Aon in 2007. Before coming to Aon, Harry was a partner with Drinker Biddle & Reath LLP in Philadelphia. Harry's practice focused on securities advice to public companies, acquisitions, and general corporate representation. He also developed substantial expertise in public offerings and private placements. Harry served as Drinker's general counsel during his last ten years there. He is a frequent speaker on professional responsibility, corporate and securities subjects.
Before joining Drinker in 1972, Harry clerked for the late Hon. Henry J. Friendly, who was then the highly-regarded Chief Judge of the Second Circuit. Harry is a life member of the American Law Institute (ALI). He earned J.D. from the University of Pennsylvania Law School in 1971, and his B.A. from Yale University in 1968.
Jane Hunter. Jane joined Aon Professional Services as Executive Director and Senior Vice President in London in March 2011.
She provides loss prevention and risk management advice to Aon's clients in the United Kingdom, including UK firms and global law firms
with UK offices. Jane is an English solicitor who has many years of experience working on insurance-related matters. She practiced as a
defense-side professional indemnity and insurance policy wording lawyer before moving into law firm management over ten years ago.
Her managerial roles, both at Bird & Bird LLP and before that in the London office of Squire, Sanders & Dempsey LLP, included
responsibility for insurance strategy and purchase, internal claims handling, regulatory compliance and risk management issues.
Jane is also a qualified business coach.
Jane earned her LL.B with honors from Liverpool University in 1990, and gained the Law Society Final Examination from the College of Law (Chester) in 1991.
Mark Peterson Mark J. Peterson joined Aon as a Senior Vice President in 2014. Before joining Aon, Mark was a partner with Stinson Leonard Street LLP in the firm’s Omaha, Nebraska office. He previously was a shareholder with Koley Jessen P.C. in Omaha. While with his firms, Mark was an intellectual property litigator with a national trial and appellate practice representing both defendants and plaintiffs. In addition to his IP practice, Mark represented clients in complex commercial, business tort, and professional liability litigation. Mark is a member of the Nebraska State Bar Ethics Advisory Committee.
Mark earned his J.D. from the University of Nebraska in 1988, where he was a member of the Moot Court Board. He earned his B.S. from Nebraska Wesleyan University in 1985.
Matthew K. Corbin Matt joined Aon as a Vice President in 2013. Before joining Aon, he was a partner with Lathrop & Gage LLP in Kansas City, Missouri, and Overland Park, Kansas. He was a business trial and appellate lawyer handling commercial, business tort, employment, construction, insurance, professional liability, and regulatory matters. Matt previously was an associate with Lathrop & Gage. Before joining the firm, he clerked for the Hon. Mary Beck Briscoe of the U.S. Court of Appeals for the Tenth Circuit. Matt began his career as a law clerk to the late Hon. G. Thomas Van Bebber in the U.S. District Court for the District of Kansas.
Matt earned his J.D. from the University of Kansas, where he was Note and Comment Editor of the Kansas Law Review, was a member of the Order of the Coif, and won the C.C. Stewart Award in Law. Matt also earned his B.A. from the University of Kansas.