Understanding the Professional Liability Claim Process: Part 2 Summons, Complaints & Subpoenas and Attorney Representation

Understanding the Professional Liability Claim Process: Part 2 Summons, Complaints & Subpoenas and Attorney Representation

Understanding the complexities of legal proceedings can be rather difficult. This series of articles gives you a basic knowledge of the legal process involved with a claim to help you approach the situation with a little more ease and confidence.

In Part 2 of our series, we discuss what to do if you receive a summons or subpoena and how to obtain attorney representation.

Part 2: Summons, Complaints & Subpoenas and Attorney Representation

If you receive a summons and complaint or subpoena, it’s natural to be worried, especially if it’s unchartered territory for you. Unless you’re otherwise acquainted with the legal world, you likely have little experience regarding your best course of action. And, the fact that your professional service and reputation are in question only adds to the discomfort of the situation.

Your first reaction may be denial or anger, but regardless, the issue is something you must address head on. It’s helpful to understand the meaning of the legal papers you’ve been presented.

A summons is a piece of paper that gives evidence that you have received the papers to which the summons is attached (a complaint against you) and have been informed that you need to respond to those papers in court by a certain date. Depending upon the jurisdiction, or court system in the area where you live, the summons and complaint will be personally served by an officer of the court; generally, by a sheriff, or via certified mail with return receipt requested.

A complaint is a list of the events that the claimant (your client) is declaring against you and an allegation that something you have done (or did not do) was negligent. The statements made in the complaint are simply allegations. The claimant will have to prove them in a court of law in order to recover any damages from you.

A complaint is generally set out in “counts,” or the different ways in which you are alleged to have been legally negligent. In order for the claimant to be awarded any compensation, only one of the counts in the complaint needs to be proven. While the statements in a complaint are only allegations and not stated facts, there are rarely any penalties assessed against claimants who make false allegations in a complaint.

A subpoena is a document that subjects you to the jurisdiction of the court. In other words, you are at the mercy of the court. You may be directed to produce documents or appear in person at a deposition or trial. Generally, when you receive a subpoena, you are not a defendant in the case at that time. It is important to know that, although you are not a defendant at the time the subpoena is issued, you could become a defendant later. This is why it is critical to obtain an attorney to accompany you when you are acting under a subpoena. Your attorney will be able todirect you in what to do or say (or what not to do or say) that could encourage the claimant to sue you and bring you into further litigation.

Attorney Representation

So you’ve been handed a subpoena. Now what?

If you receive a subpoena that requires you to appear in court at a trial or deposition, it is imperative that you be represented by an attorney, even if you believe you did nothing wrong. The legal world is difficult to navigate and you need assistance to ensure that your rights are properly protected.

If you are insured through the Lockton Affinity program, one of the benefits of your Professional Liability Insurance is attorney representation. Upon receipt of the subpoena, contact Lockton immediately and our claims team will start the claims process. The insurance company who underwrites the insurance will assign an attorney to your case. This attorney will have experience in handling cases for the fitness profession, which is critical because each area of the law is different. You may have a relative or friend who is a competent attorney, but they may not have the proper expertise to protect your professional reputation. If you do have an attorney you’d prefer to work with, the underwriters will make a consideration—but ultimately they have the final say on which attorney will represent your case.

Regardless of whether you have insurance coverage for legal action that is taken against you, it is important that you attain an attorney to represent you. After you’ve been assigned, or otherwise attained an attorney, the “discovery process” will begin. We will discuss this process in Part 3 of our series on understanding the Professional Liability claim process.

Our article series on understanding the legal process includes these informative topics:

Part I: License/Certification Scrutiny

Part 2: Summons, complaints & subpoenas and attorney representation

Part 3: What is the discovery process?

Part 4: What to expect with giving a deposition

Part 5: What to expect in trial preparation and testimony