Kaucher

FACTS AND PROCEDURAL HISTORY

Allegations in Kaucher’s Complaint Kaucher was a provost at Phillips Graduate University (PGU). In 2017, she was terminated in retaliation for disclosing an illegal scheme to PGU’s directors. PGU also retaliated against two coworkers who supported Kaucher. Kaucher hired counsel to sue PGU for wrongful termination. Though Kaucher was represented by counsel, Remedy solicited her to use its services. When she questioned its plan to represent her and her coworkers concurrently, Remedy denied

1 Rule 3.7(a) reads: “A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: [¶] (1) the lawyer’s testimony relates to an uncontested issue or matter; [¶] (2) the lawyer’s testimony relates to the nature and value of legal services rendered in the case; or [¶] (3) the lawyer has obtained informed written consent from the client.”

2 any conflict of interest. Kaucher fired her attorney and hired Remedy in 2018. Remedy received a copy of PGU’s insurance policy, which had a $1 million liability limit. It was a “depleting” or “burning limits” policy.2 Remedy knew or should have known the importance of making a policy…