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... /22/2014 12:00:00 AM by CompleteMarkets Editor , Janine Reid This content has not been rated yet. A shooting. A car crash. A fire. We read of disasters all the time, but most of us are lucky enough to go through our lives without seeing one. Even when we're hit by a tornado, earthquake, or other calamity, we may very well be spared the sight of severed limbs, the sound of victims screaming, or our own physical pain. Knock on wood-but realize that it can happen to you or someone you know. Working in an insurance agency, you undoubtedly have customers that will suffer, or at least witness, tragic accidents. How can you help them deal with this trauma? If it's you, a family member ... STRESS People who witness a tragic accident have a wide variety of reactions. About 10 years ago, I saw one-and fell victim to the attitude that I did not need help. The following 90 days were a blur of mixed emotions. I had periodic flashbacks, wild emotional swings, nightmare-interrupted sleep, decreased productivity, anger, and depression. Now I'm keenly aware of the importance of critical-incident stress counseling and strongly recommend that anyone witnessing such an event contact a trained counselor as soon as possible after an incident (24 to 72 hours) . If the person experienced the trauma without actually witnessing it, there may be feelings of guilt and responsibility that also need to be dealt with. In Critical Incident Stress Debriefing, Mitchell and Everly write, Critical-incident stress debriefing accelerates the rate of normal recovery ...

... will have recourse if bad advice is given to them by their consultants' attorneys. One solution is for the company to establish a contractual relationship directly with the consultant's law firm. In addition, all agreements between a company and its consultants should be reviewed by the company and its counsel to determine if the agreement with the consultant allows the consultant to hire counsel. Second, the company may be well served by including in their agreement with their consultants a provision that establishes a link between the legal services rendered to the consultant and the company. Third, the company could provide in its contract with the consultant that a copy of all correspondence between the consultant and the lawyer hired by the consultant must be sent to the company. Finally, the company could require that any legal opinion letters from ... a known party on the statement in furtherance of that purpose; and (3 ) some conduct by the lawyer linking him to the relying party and evincing his understanding of that reliance. Even though these criteria may be satisfied, a company will still only have the ability to establish liability against its consultant's lawyer in a handful of jurisdictions. Therefore, companies that deal with consultants and their consultants' counsel should not rely on the possibility of the courts to relax the privity requirement. Instead, companies should take certain steps to ensure they will have recourse if bad advice is given to them by their consultants' attorneys. One solution is for the company to establish a contractual relationship directly with the consultant's law firm. In addition, all agreements between a company and its consultants should be reviewed by ...

... as the primary contact for counsel. With one contact, extraneous charges will be significantly reduced. 5. Monitor the case on a monthly basis. Examine fees and settlement opportunities closely. 6. Adjusting attorney fees after counsel has been engaged is expensive, time consuming, and distracting. Doing so beforehand not only conserves your economic resources, but promotes the long-term interest in your products or services as well. Developing a strategy and implementing tactics to manage claims and litigation requires general counsel or personnel with the knowledge and time necessary to succeed. If this is not possible through in-house staff, consider retaining an outside litigation management professional. John M. Beringer, Jr., LPCS, RPA , is CEO and Senior Litigation Manager for Beringer & Assoc., Inc., a claim and litigation ... conceding cases because of the anticipated defense expenses. John Beringer stresses the importance of developing an effective strategy to anticipate defense costs and prepare for the process before it occurs. 1. Create an internal litigation management profile with an outline of what fees and expenses you will and won't pay, the acceptable rate, and how the fees will be paid. 2. Create a contract for the engagement of counsel and then use it to manage counsel. Include provisions for dispute management through arbitration/mediation, an agreement as to the payment of travel expenses, and policies on experts and consultants. 3. Use a careful selection process to create a counsel panel before it's needed. Remember, it's not the hourly charge that determines counsel's value; it's the performance in the task given. 4. Once ...

... why are they still there? When counseling employers I often find that there ...

... as the primary contact for counsel. With one contact, extraneous charges will be significantly reduced. 5. Monitor the case on a monthly basis. Examine fees and settlement opportunities closely. 6. Adjusting attorney fees after counsel has been engaged is expensive, time consuming, and distracting. Doing so beforehand not only conserves your economic resources, but promotes the long-term interest in your products or services as well. Developing a strategy and implementing tactics to manage claims and litigation requires general counsel or personnel with the knowledge and time necessary to succeed. If this is not possible through in-house staff, consider retaining an outside litigation management professional. John M. Beringer, Jr., LPCS, RPA , is CEO and Senior Litigation Manager for Beringer & Assoc., Inc., a claim and litigation ... conceding cases because of the anticipated defense expenses. John Beringer stresses the importance of developing an effective strategy to anticipate defense costs and prepare for the process before it occurs. 1. Create an internal litigation management profile with an outline of what fees and expenses you will and won't pay, the acceptable rate, and how the fees will be paid. 2. Create a contract for the engagement of counsel and then use it to manage counsel. Include provisions for dispute management through arbitration/mediation, an agreement as to the payment of travel expenses, and policies on experts and consultants. 3. Use a careful selection process to create a counsel panel before it's needed. Remember, it's not the hourly charge that determines counsel's value; it's the performance in the task given. 4. Once ...

...ice' PR. What you can expect is counseling as to how to spot and cultivate PR ...ion of support materials. 3. Media counseling: If you are not a knowledgeable media user, you might want counseling to complement the press release service. The counseling would help you establish PR goal...

... self esteem, his family and his future. Beal has proved the merit of what PECORA seeks to accomplish in the caring attitude he fosters in his own workplace. He currently has eight employees recovering from substance abuse problems working for him, one-half of whom hold key management positions in his company. People ask me why I hire known substance abusers, ' observes Beal, and my response is, Well, at least I know what I'm getting. When you hire off the street, you have no idea what kind of employee you are bringing in. Beal notes that several of the employees he has hired who previously had drug or alcohol problems have stayed with the company for years as loyal and dedicated workers. I would rather take the chance and give someone the opportunity to work and to straighten out ... importantly, he knew Beal cared about people. Beal's caring approach is illustrated in the example of a former worker who had been with Rizzo's for 18 years before leaving for another job. When the worker, who had come to hold a principal position at Rizzo's, lost his new position, Beal soon suspected that an alcohol problem was the culprit. He took his former worker and friend to get counseling and eventually offered him a full-time job with a full benefits package if he would agree to enroll in a rehabilitation program at Miremount Center. The center provides an important link between Beal and employees undergoing rehabilitation for substance abuse problems. Not only did Beal offer the worker a full-time job, he also provided help to his family during this period. His intervention paid off. After only 28 days ...

... offers an agency tremendous marketing potential and power. For this reason, whether you have a site or want to develop one, it's essential to know what you want to accomplish with it. The myriad opportunities are significant and many can play a significant role in achieving your business goals. Start with a plan that defines what you want to accomplish. Updating your web approach and philosophy annually is time well spent, even for agencies that already have a web site. Let's look at some of the options and the potential E&O issues. Protect Your Agency's Reputation Your web presence must indicate who you are and your expertise. Your site is an extension of your agency that will give visitors to it a strong indication of your agency's professionalism and the type of clients you want to attract. ... in writing. The best practice is to get written permission from the vendor to allow the link and to provide a minimum of two referrals for each type of work. This can help you avoid any problems in case your customer has a poor experience with the vendor. Links to a vendor can also expose the agency to allegations of trademark infringement. To avoid any unknown pitfalls, consult with legal counsel. Make sure that your site displays the appropriate privacy statement and disclaimers prominently. Your web developer or legal counsel should be able to assist with this. Remember, too, that the presence of a web site is rarely enough, even if it's well designed. Visitors to the site need a reason to come back to it. Keep the content fresh, accurate and useful. Strategic Thinking ...

... can mean the difference between a positive outcome and the uncontrollable opposite. After advising scores of companies on crises during the past 15 years, I'd like to share a few of the lessons that I've learned: It's essential to have an up-to-date crisis management plan. It's not a question of if, but when, your company will experience a crisis. I've worked with companies that have plans, as well as those who don't. When a crisis occurs, the difference between the two becomes readily apparent. A written protocol affords a company the luxury of being proactive during a crisis rather than reactive — a disparity that can have a major impact on a firm's reputation and bottom line. In the event of an employee injury or fatality, notify their family as soon as possible. I've worked with ... your audiences to assure them that you're in control of the situation. If you don't act quickly, your bottom line could suffer. Your employees are one of your most important audiences. Employees can be a tremendous asset, or liability, during a crisis. Consistent communication is essential because your employees are a direct link to your other audiences. Be sure to keep them informed on the situation and counseled on what they can, and cannot, say. If you don't, they'll come up with something on their own that might not be in your best interest. The rumor mill will be in full production during a crisis, so there's no need to make matters worse. Offer witnesses to an accident critical-incident stress counseling. Research has shown that individuals who witness an accident can experience substantial physiological ...

...former worker and friend to get counseling and eventually offered him a full-t...s already well acquainted, such as counseling and rehabilitation programs. In ...