Can a North Carolina lawyer represent an accident client only on the personal injury claim and leave her to handle the property damage claim herself?

Plain-English summary

The opinion addressed a lawyer who agreed to represent a motorist only on her personal injury claim arising from a collision, not on her property damage claim. The lawyer sent the other driver's liability insurer a representation letter stating that he represented the motorist on the personal injury claim only, that the insurer's claims representative could continue to deal with the motorist on the property damage claim, but that the insurer should have no further contact with the motorist about the personal injury claim. The question was whether the lawyer could ethically limit the representation in this way.

The opinion concluded that he could, provided the lawyer determined that representing the motorist on the personal injury claim would not be adversely affected by allowing her to handle the property damage claim herself, and the motorist consented to the limited representation after full disclosure of the risks. It applied Rule 7.1(b)(3).

On whether the insurer's claims representative could contact the motorist, the opinion concluded that the Rules of Professional Conduct do not apply to a claims representative, but a lawyer for the insurer is subject to the Rules. Under Rule 7.4(1), a lawyer may communicate with a represented party if that party's lawyer consents, and here the lawyer's letter both disclaimed representation on the property damage claim and consented to communications about it. So a lawyer for the insurer could communicate with the motorist, provided the communications were limited to the property damage claim.

Currency note

This opinion was issued in 1997, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a North Carolina lawyer take only part of a client's accident matter?

A: Yes. The opinion concluded that a lawyer may limit the representation to the personal injury claim if doing so will not adversely affect that claim and the client consents after full disclosure of the risks, under Rule 7.1(b)(3).

Q: After such a limited-representation letter, can the insurer's lawyer contact the client?

A: Yes, but only on the property damage claim. The opinion concluded that because the lawyer's letter consents to contact about the property damage claim, a lawyer for the insurer may communicate with the client limited to that claim.

Q: Do the conduct rules reach the insurer's non-lawyer claims representative?

A: No. The opinion concluded that the Rules of Professional Conduct do not apply to a claims representative, though a lawyer for the insurer is bound by them.

Background and rules framework

The opinion applied North Carolina's then-current Rule 7.1(b)(3) on limiting the objectives of a representation with the client's consent (corresponding to Model Rule 1.2(c)) and Rule 7.4(1) on communicating with a represented party where that party's lawyer consents (corresponding to Model Rule 4.2).

Citations and references

Rules of Professional Conduct:

• MR 1.2 (scope of representation; limiting the representation)
• MR 4.2 (communication with a person represented by counsel)
• North Carolina Rule 7.1(b)(3) and Rule 7.4(1)

See also

• NC Ethics Op. 99 FEO 12: covering a bankruptcy proceeding for another lawyer
• NC Ethics Op. RPC 249: communicating with a child represented by a GAL and advocate

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-240/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry #1:

Motorist A and Motorist B were involved in a motor vehicle collision. Motorist A sustained bodily injuries and damage to her automobile. Motorist A asked Attorney A to represent her. Attorney A agreed to represent her only on her personal injury claim. Attorney A sent a letter of representation to Motorist B's automobile liability insurance carrier indicating that Attorney A represents Motorist A with respect to Motorist A's personal injury claim only. The letter states that a claims representative for the insurance carrier may continue to "deal with" Motorist A with respect to Motorist A's property damage claim but representatives of the insurance carrier should have no further contact with Motorist A with regard to her personal injury claim. May Attorney A ethically limit his representation of Motorist A to her personal injury claim?

Opinion #1:

Yes, provided Attorney A determines that the representation of Motorist A on her personal injury claim will not be adversely affected by allowing Motorist A to represent herself on the property damage claim and Motorist A consents to the limited representation after full disclosure by Attorney A of the risks involved. SeeRule 7.1(b)(3).

Inquiry #2:

May a claims representative for Motorist B's insurance carrier contact Motorist A concerning the motor vehicle collision after receiving a letter of representation of the type described in inquiry #1?

Opinion #2:

The Rules of Professional Conduct do not apply to the conduct of a claims representative for an insurance carrier. However, a lawyer who represents the insurance carrier is subject to the Rules. Rule 7.4(1) permits communications about the subject matter of a representation with a party the lawyer knows to be represented by another lawyer in the matter if the party's lawyer consents to the communication. Attorney A's letter of representation not only indicates that he does not represent Motorist A with regard to her property damage claim but that he also consents to communications with Motorist A about the property damage claim. Therefore, a lawyer for the insurance carrier may communicate with Motorist A provided the communications are limited to the property damage claim.