Key Responsibilities and Required Skills for Insurance Defense Litigation Attorney

🎯 Role Definition

We are seeking an experienced Insurance Defense Litigation Attorney to represent insurance carriers and corporate policyholders in civil litigation matters, including bodily injury, premises liability, product liability, auto, bad faith, and coverage disputes. The ideal candidate will manage caseloads from intake through appeal, craft persuasive motions and briefs, conduct depositions, try cases, and advise claims teams on litigation strategy and exposure. This role requires strong client-facing skills, sound legal judgment, and the ability to balance high-volume docket management with effective courtroom advocacy.

📈 Career Progression

Typical Career Path

Entry Point From:

Junior Litigation Associate with 1–3 years of civil defense experience
Law Clerk or Judicial Clerk with relevant litigation exposure
In-house claims counsel or defense firm paralegal promoted to attorney

Advancement To:

Senior Litigation Associate / Senior Defense Counsel
Trial Counsel / Lead Defense Counsel for high-exposure matters
Partner or Shareholder in a defense litigation practice
Regional Litigation Manager, Claims Litigation Director, or General Counsel for an insurer

Lateral Moves:

Coverage Counsel or Insurance Coverage Specialist
Appellate Attorney or Special Litigator (e.g., medical malpractice focus)
Claims Litigation Manager or Risk Management Consultant

Core Responsibilities

Primary Functions

Manage a diverse caseload of insurance defense matters from initial assignment through resolution, including file intake, strategy development, pleading practice, discovery, motion practice, trial, and appeal, ensuring each file is advanced on schedule and within budget.
Prepare and file all necessary litigation documents—complaints, answers, counterclaims, third-party complaints, motions to dismiss, motions for summary judgment, and appellate briefs—tailored to state and federal procedural requirements.
Conduct comprehensive case evaluations and exposure analyses for insurance claims teams, including reserving recommendations, settlement authority requests, policy limit assessments, and contribution/subrogation considerations.
Draft clear and persuasive legal memoranda, settlement demand/offer analyses, coverage opinions, and position letters to internal claims adjusters, insureds, and external counsel.
Manage and oversee all aspects of written discovery and document production, including interrogatories, requests for production, requests for admission, privilege logs, and e-discovery platforms.
Plan, prepare for, and take depositions of plaintiffs, witnesses, experts, and party representatives; prepare witnesses for testimony and craft deposition strategies to preserve and obtain critical evidence.
Retain, manage, and confer with experts (medical, accident reconstruction, engineering, vocational, economic loss) to develop case theories, prepare expert reports, and prepare experts for deposition and trial testimony.
Lead trial preparation and courtroom advocacy: prepare jury instructions, voir dire, opening statements, direct and cross-examination questions, exhibits, demonstratives, and closing arguments; serve as lead or co-counsel at jury and bench trials.
Advocate for clients at mediations and arbitrations, negotiating favorable settlements and preserving insurer interests while minimizing exposure and controlling defense costs.
Conduct coverage analysis and bad faith defense, review policy language, endorsements, and exclusions, and provide written coverage opinions and strategic recommendations to claims and underwriting teams.
Supervise and mentor junior associates, new hires, law clerks, and paralegals, including delegating assignments, reviewing work product, providing feedback, and developing litigation skills within the team.
Implement case budgets, monitor invoices and costs, and coordinate with billing teams to ensure adherence to fee guidelines and defense counsel rate agreements.
Coordinate with claims adjusters and client contacts to provide timely case status updates, strategy sessions, litigation timelines, and settlement recommendations; maintain professional client relationships.
Investigate claims by reviewing police reports, medical records, incident reports, and other investigative materials; coordinate fact investigation and retention of investigators where necessary.
Ensure regulatory and jurisdictional compliance with state bar rules, court filing requirements, e-filing systems, statute of limitations, and local rules, including court appearances and calendar management.
Conduct legal research using Westlaw, LexisNexis, Bloomberg Law, and other tools to support briefs, motions, and strategy; synthesize precedent, statutes, and case law to support favorable outcomes.
Develop defensive case strategies focused on witness credibility, liability mitigation, damages limitation, and procedural advantages to obtain dismissals, summary judgment, or reduced exposure at trial.
Prepare and enforce discovery motions (motions to compel, motions for protective order, sanctions) and handle evidentiary disputes to secure necessary admissions and limit opponent advantages.
Manage multi-jurisdictional matters by coordinating with co-counsel, local counsel, and national defense teams, ensuring consistency in litigation approach and defense posture across states.
Participate in client-focused training and risk management programs to reduce litigation frequency and severity by advising on coverage trends, uninsured motorist exposure, premises safety, and contractual risk allocation.
Track and analyze litigation trends and legislative developments that affect insurance defense practice areas, and update clients and internal stakeholders on legal developments and implications.
Prepare, review, and negotiate settlement agreements, releases, and covenant-not-to-sue documents, ensuring appropriate language for contribution, indemnity, and subrogation protections.
Support appeals by drafting notices of appeal, appellate briefs, and motions for rehearing; work with appellate counsel to preserve issues for appeal and craft appellate strategy.
Maintain meticulous file organization and documentation, including litigation chronologies, discovery indexes, pleadings, and correspondence to support audits, claims reviews, and potential regulatory inquiries.
Develop business generation and client development activities, such as drafting client advisories, attending industry events, and supporting proposal work to extend the firm’s insurance defense footprint.

Secondary Functions

Provide CLE presentations and internal training on litigation best practices, discovery tips, and recent case law affecting insurance carriers.
Assist claims and underwriting teams in pre-litigation strategy, risk assessment, and reserving to reduce future litigation exposure.
Participate in cross-functional projects with underwriting, loss control, and risk management to identify systemic issues that lead to claims.
Support firm marketing and client retention by preparing thought leadership pieces, client alerts, and contributing to RFPs and account reviews.
Help implement and refine matter management tools, e-billing protocols, and litigation playbooks to improve efficiency across the defense practice.

Required Skills & Competencies

Hard Skills (Technical)

Civil litigation practice: drafting pleadings, motions, and briefs; motion practice in state and federal courts.
Trial advocacy: jury selection, witness examination, exhibits, and courtroom presentation experience.
Depositions: planning and taking depositions of lay and expert witnesses, including thorough preparation and follow-up.
Insurance law: policy interpretation, coverage analysis, bad faith defense, subrogation, and indemnity issues.
Discovery and e-discovery: knowledge of e-discovery platforms (Relativity, Logikcull, Everlaw), document review workflows, and privilege protocols.
Legal research and writing: proficiency with Westlaw, LexisNexis, Bloomberg Law and ability to produce persuasive legal memoranda and appellate briefs.
ADR: mediation and arbitration experience, including preparing settlement materials and negotiating on behalf of carriers.
Case management systems: experience with Matter management and billing systems (e.g., iManage, Clio, Elite, MyCase) and e-filing portals.
Expert management: retaining and coordinating experts, preparing expert reports, and managing expert testimony.
Budgeting and billing: preparing matter budgets, monitoring legal spend, e-billing platforms and adherence to fee guidelines.
Regulatory and compliance awareness: knowledge of state bar rules, local court procedures, and civil procedure nuances across jurisdictions.

Soft Skills

Client-focused communication: clear, concise updates and strategic advice tailored to claims adjusters and corporate clients.
Strategic thinking: ability to craft litigation strategies that balance cost, exposure, and reputational considerations.
Negotiation: strong settlement negotiation skills grounded in risk assessment and damages analysis.
Time and docket management: excellent organization to juggle multiple matters and court deadlines effectively.
Leadership and mentorship: supervising junior attorneys, delegating effectively, and fostering professional development.
Problem-solving: pragmatic decision-making under pressure and creative defenses to minimize carrier exposure.
Attention to detail: meticulous drafting and document review to avoid procedural and substantive errors.
Collaboration: works cross-functionally with claims, underwriting, experts, and co-counsel to achieve unified outcomes.
Resilience and adaptability: managing courtroom setbacks, shifting priorities, and evolving case facts with composure.
Professionalism and ethics: high integrity, confidentiality, and adherence to professional responsibility norms.

Education & Experience

Educational Background

Minimum Education:

Juris Doctor (J.D.) degree from an accredited law school.
Active bar admission in the hiring jurisdiction (state bar); ability to obtain reciprocity or multi-state admission as required.

Preferred Education:

J.D. with honors or law review participation, trial advocacy accolades, or specialized coursework in insurance law or civil procedure.
Additional certifications or CLEs in e-discovery, trial advocacy, or insurance coverage.

Relevant Fields of Study:

Law (J.D.)
Civil Litigation / Trial Advocacy
Insurance Law / Risk Management

Experience Requirements

Typical Experience Range: 3–12+ years of civil litigation experience, with at least 3–5 years of focused insurance defense experience preferred.

Preferred:

5+ years defending insurance carriers or corporate policyholders in bodily injury, premises liability, automobile liability, product liability, or bad faith matters.
Proven trial experience (bench or jury) and demonstrable success in motion practice and settlements.
Prior experience supervising junior attorneys and managing client relationships with claims teams.
Familiarity with national and regional litigation trends, coverage issues, and insurer-specific litigation protocols.