Choosing the Right In House Counsel Malpractice Insurance for Your Law Firm

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Choosing the right in-house counsel malpractice insurance for your law firm is a crucial decision that can have a significant impact on your business. According to a recent survey, 75% of law firms with in-house counsel have some form of malpractice insurance in place.

In-house counsel malpractice insurance can provide financial protection against claims of professional negligence. It's essential to shop around and compare different policies to find the one that best suits your firm's needs.

The cost of in-house counsel malpractice insurance varies widely depending on factors such as the size of your firm, the type of cases you handle, and the level of coverage you require. On average, law firms pay between $2,000 and $5,000 per year for this type of insurance.

Types of Coverage

In-house counsel malpractice insurance is designed to protect lawyers from costly claims and lawsuits. This type of insurance is a wise investment for any law firm, as it can help cover defense expenses and settlements or damages.

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Errors and omissions or E&O insurance, also known as professional liability insurance, is a type of coverage that protects lawyers from claims alleging mistakes, misrepresentation, and improper counsel.

Professional negligence is another type of coverage that is included in most LPL insurance policies. It covers claims alleging that the lawyer failed to meet expected professional standards.

Contractual liability is also an important type of coverage that is included in LPL insurance policies. It protects against lawsuits from unmet contractual obligations and resulting financial losses, such as missed deadlines.

Here are some common types of claims that LPL insurance can cover:

  • Errors and misguided advice
  • Professional negligence
  • Contractual liability
  • Employment-related lawsuits related to discrimination, harassment, and more
  • Bodily injury and property damage claims
  • Potential claims you’re aware of but fail to disclose
  • Breach of fiduciary duty

It's worth noting that Oregon is the only state that currently mandates LPL insurance, with a minimum $300,000 limit.

Choosing an LPL Carrier

Choosing an LPL Carrier requires careful consideration. A lawyer should never buy LPL insurance solely based on price.

Factors such as the accuracy of your answers in the application will help determine the insurance premium for your law practice. The American Bar Association (ABA) identifies accuracy in the application as a crucial factor in determining the insurance premium.

Lawyers should consider the factors that typically determine the rate they will be charged for LPL coverage, which include those identified by the ABA.

Options

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There are two types of professional liability coverage: errors and omissions liability (E&O) and professional liability, also known as general liability. These policies typically include numerous significant provisions.

Some insurers offer more competitive rates for firms that employ more attorneys. This is because larger firms are often seen as less risky.

Professional liability insurance policies usually cover damages that result from professional services rendered, including legal malpractice, libel and slander, personal injury protection, legal defense expenses, and cost related to trials and settlements.

High-risk practice areas, such as securities, banking, personal injury, and real estate, can increase premiums. Insurers evaluate the risk of insuring certain practice areas based on claim frequency and severity.

Here are some high-risk specialties that may require additional coverage:

  • Intellectual Property Lawyer
  • Trusts Lawyer
  • Loan Modification Lawyer
  • Personal Injury Lawyer
  • Bankruptcy Attorney
  • Business/Corporate Lawyer
  • Civil Litigation Lawyer
  • Criminal Defense Lawyer
  • Digital Media & Internet Lawyer
  • Employment & Labor Lawyer
  • Entertainment Lawyer
  • Estate Planning Lawyer
  • Finance & Securities Lawyer
  • Mergers & Acquisitions Lawyer
  • Notary Public
  • Professional Responsibility Lawyer
  • Real Estate Lawyer
  • Tax Lawyer
  • Traffic Lawyer

Factors to Consider When Choosing an LPL Carrier

Choosing an LPL carrier is a crucial decision that requires careful consideration. A lawyer should never buy LPL insurance on price alone.

The application is the most crucial document that insurers use to determine the insurance premium for the law practice. The accuracy of your answers will help ensure an acceptable price.

Factors that typically determine the rate you will be charged for LPL coverage include those identified by the American Bar Association (ABA).

Cost and Coverage

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The cost of in-house counsel malpractice insurance can vary depending on several factors, including the size of your law firm, the number of attorneys, and your claims history. The average cost of professional liability insurance for a solo lawyer is $2,800.

Some common factors that impact the cost of malpractice insurance include the size of your law firm, attorney step rating, history of malpractice claims, policy limit, deductible, and specialty area. For example, a law practice in Los Angeles or New York would cost more than a firm in a rural area.

To get the most out of your insurance policy, consider the following factors when choosing your coverage. The higher your policy limit, the more the premium will be, but it's essential to carefully consider the amount of coverage your law firm needs. A higher deductible can also lower your policy premium, but make sure you can afford it.

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Here are some key factors to consider when evaluating your insurance policy:

  • Policy limit: The higher the limit, the more expensive the premium.
  • Deductible: A higher deductible can lower your premium, but make sure you can afford it.
  • Claims history: A history of malpractice claims will increase your premium.
  • Specialty area: High-risk specialties, such as personal injury or medical malpractice, will cost more.
  • Location: Law practices in urban areas, like Los Angeles or New York, will cost more than those in rural areas.

Punitive Damages Coverage

Most lawyers' professional liability policies exclude coverage for punitive and exemplary damages. Some policies, however, do not have a regular policy exclusion for these types of damages.

Please see the policy and any endorsements for exact terms, conditions, and exclusions. Each insurance company has its own policy language.

Loss of Earnings

Loss of Earnings is a significant concern for attorneys who defend malpractice claims. Some policies will provide Insured with $500 or more for each day they are out of the office for trial, mediation, arbitration, or deposition in defending a claim under the policy.

This daily stipend can help mitigate the financial impact of taking time off to defend a claim. The amount provided can vary, but $500 or more is a common figure.

Attorneys who have experienced the financial strain of defending a claim can attest to the importance of this coverage. It's not just about the money, but also about the peace of mind that comes with knowing you're protected.

Claim Expenses

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Claim Expenses can be a significant burden for lawyers and their firms. Coverage for these expenses is essential to protect against the financial impact of defending against claims.

You may be surprised to learn that Claim Expenses can include attorney fees, costs, and investigative expenses. These costs can add up quickly, making it difficult to manage without proper coverage.

Some insurance policies specifically cover Claim Expenses, which can provide a sense of security and peace of mind. Make sure to review your policy carefully to understand what is included and what is excluded.

Here are some examples of what may be covered under Claim Expenses:

  • Attorney fees
  • Costs
  • Investigative expenses

It's essential to note that some insurance policies may have exclusions or limitations on coverage for claims lodged before the policy is active. Be sure to review your policy start date and any additional costs for extended coverage.

LPL Cost and Coverage

LPL cost can be a significant expense for law firms, but it's essential to understand how much coverage you need. The American Bar Association notes that the application is the most crucial document in determining the insurance premium.

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The size of your law firm is a major factor in determining the cost of LPL coverage. The larger the firm, the more costly the coverage will be. This is because larger firms have more employees and clients, increasing the risk of malpractice claims.

A "step rating" system is used by insurers to determine malpractice premiums. This system is based on how long a lawyer has been at a firm, with premiums starting lower and increasing each year as possible exposures grow.

A history of malpractice claims can significantly increase the cost of your policy. If you have a history of claims, you can expect to pay more for your insurance coverage.

The policy limit is another factor that affects the cost of LPL coverage. The higher the policy limit, the more the premium will be. However, it's essential to carefully consider the amount of coverage your law firm needs before choosing a policy with a lower limit.

Here are some key factors that impact the cost of LPL coverage:

  • Firm size
  • Attorney step rating
  • History of malpractice claims
  • Policy limit
  • Deductible
  • High-risk specialty
  • Location

By understanding these factors, you can make an informed decision about your LPL coverage and ensure that you have the right amount of protection for your law firm.

Prevention and Protection

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Automating routine tasks can help eliminate errors that can lead to significant legal malpractice payouts.

Many lawyers underestimate the complexity of certain legal matters, which can result in even a simple mistake having major consequences.

To avoid conflicts of interest, put a process in place to identify them, as courts may view such errors as a breach of an attorney's duty of loyalty to a client.

Conflicts of interest are one of the most alleged legal malpractice errors, likely because courts may view such errors as a breach of an attorney's duty of loyalty to a client.

Rapid changes in tax law, such as those that occurred during the COVID-19 pandemic, can increase the risk of legal malpractice claims related to tax work.

Given the increasing complexity of many legal matters, it's essential to have a process in place to identify conflicts of interest and automate routine tasks to ensure accuracy and save time.

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The most significant number of legal malpractice claims are related to three practice areas: trust and estates, business transactions, and corporate and securities.

Many insurers saw an increase in cases involving insurance defense and tax work/matters, particularly due to rapid changes in tax law during the COVID-19 pandemic.

Lawyers' professional liability insurance is essential to protecting a lawyer's financial well-being and can be critical in preserving a lawyer's professional reputation and livelihood.

Understanding Liability Insurance

Liability insurance is a type of insurance that protects professionals, including lawyers, from financial losses due to errors or omissions in their work. This can include mistakes, misrepresentations, and improper counsel.

A lawyer's professional liability (LPL) insurance, also known as legal malpractice insurance, can help protect against expensive consequences of client lawsuits. This insurance can pay for the cost of defending lawsuits and any payments or awards that arise.

Even the most diligent law firms are vulnerable to costly claims, including misinterpretations of the law, offering bad advice, missed deadlines, or conflicts of interest. These potential exposures can lead to costly lawsuits.

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Some of the potential liabilities that liability insurance can protect against include:

  • Errors and misguided advice: Protects against claims alleging mistakes, misrepresentation, and improper counsel
  • Professional negligence: Covers claims alleging you failed to meet expected professional standards
  • Contractual liability: Protects against lawsuits from unmet contractual obligations and resulting financial losses, such as missed deadlines
  • Employment-related lawsuits related to discrimination, harassment, and more
  • Bodily injury and property damage claims
  • Potential claims you’re aware of but fail to disclose
  • Breach of fiduciary duty

In fact, any business or individual that offers legal advice needs legal malpractice insurance, including attorneys, law firms, and lawyers.

Frequently Asked Questions

What does malpractice insurance not cover?

Malpractice insurance typically does not cover claims resulting from intentional acts, sexual misconduct, or practicing without proper licensure. Review your policy's specific terms for a comprehensive understanding of what is excluded.

Does malpractice insurance cover lawyer fees?

Yes, malpractice insurance covers the costs of defending a claim, including lawyer fees and any resulting settlements or judgments. This coverage helps protect professionals from financial loss due to legal expenses.

Teresa Halvorson

Senior Writer

Teresa Halvorson is a skilled writer with a passion for financial journalism. Her expertise lies in breaking down complex topics into engaging, easy-to-understand content. With a keen eye for detail, Teresa has successfully covered a range of article categories, including currency exchange rates and foreign exchange rates.

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