Pre-Defense Review Program


OVERVIEW

The Washington Counties Risk Pool offers a pre-defense review as part of our proactive efforts to mitigate liability exposure from incidents. These incidents may come from any type of county operation. County Risk Managers are the point of contact for incidents that may be eligible for this program and reach out to WCRP to request the assistance of outside legal counsel.

If a pre-defense is approved by the WCRP, an attorney will be assigned to work with the designated county employee to gather the required documentation and information to provide legal advice. Should a claim or lawsuit be filed, the information collected and legal advice that was provided can be used to defend the claim or lawsuit. If the issue is employment-related, please consult your county HR Department first.

BENEFITS

  • This program has resulted in a reduction of claims as member counties utilize this program and follow the advice of outside legal counsel.
  • Incident review can help to identify additional resources and support that a county or county department may need to prevent the incident from occurring again.
  • Outside legal counsel can help provide an unbiased fresh look at an incident and identify potential risks and liability exposure the county may have overlooked.
  • Hiring employment an investigator to fact find can give support to county HR and provide expertise into certain complaints that a county HR or Prosecuting Attorney’s Department may not possess.
  • Should the incident result in a claim and litigation, the attorney involved in advising the county in the pre-defense matter is best positioned to defend the county.
  • WCRP provides this program at no cost to member counties. There is no limit on defense costs per matter but we often set out the scope of the assignment so there are clear parameters for outside counsel to follow.

STEPS TO TAKE

  1. Consult Internal Resources: Discuss the incident with your county's HR Department (for employment-related issues) and review the details with your department head or supervisor.
  2. Engage the Prosecuting Attorney's Office: Review the situation with the Prosecuting Attorney's Office to ensure legal considerations are addressed.
  3. Submit the Request: The designated County Risk Manager should submit a request for a PDR to the Washington Counties Risk Pool by emailing Risk-Claims@wcrp.wa.gov.

Questions? Please contact us by emailing Risk-Claims@wcrp.wa.gov.


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