Attorney-client confidentiality is a basic tenant of professional responsibility, but the triangular relationship inherent in insurance engagements can be complicated.
There are multiple relationships at play, including: 1) the insurer’s contractual relationship to provide representation for the insured; 2) the attorney’s business relationship with the insurer; and 3) the insured’s attorney-client relationship with the attorney. As demonstrated in the South Carolina Supreme Court’s decision in Sentry Select Ins. Co. v. Maybank Law Firm, LLC, when things go wrong, this triangle may devolve into an arrow pointed at the insured’s attorney.
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