Lawyers Professional Liability

When you file a claim with your malpractice insurance company, it is standard practice for your insurer to send a “reservation of rights” letter to protect its right to deny coverage if your claim isn’t covered by your policy. It’s understandable that this can sometimes cause a bit of panic. It’s important to understand, however, that receiving this letter does not mean that your insurer is denying coverage.

When is the last time you read through your professional liability insurance policy? Do you really understand what’s covered and what isn’t? As is often said, the worst time to read your policy is when you have a claim.

Simply having a legal malpractice policy in place doesn’t necessarily mean you’re adequately protected from potential claims. Don’t be taken by surprise; read your policy with the following questions in mind. If you don’t like the answers you find, it may be time to shop for a new errors and omissions policy.

If you have professional liability insurance for your legal practice, you’re off to a great start. But once it’s in place, should you “set it and forget it?” Or do you need to shop the coverage on every renewal? “The rule of thumb I tell my clients is to get a comparative quote every three to five years,” said Joe Barnard, Director of Professional Liability Programs for ProDefender. “Things can change in the insurance market over that period of time, and you may find better pricing or a better fit for the coverage you need.”

If you’re opening a new practice, just getting around to buying professional liability insurance, or shopping for a better policy, asking the right questions is critical to getting the best protection and value. Before you sign up, be sure to know the answers to these questions.

No matter how earnest and diligent you are in your legal practice, you’re not immune to malpractice suits. While some attorneys are sued for reasons they could have prevented with greater attention to detail or more honest dealing, plenty of lawsuits arise out of situations in which even the best attorneys can find themselves.

Errors and omissions (E&O) insurance policies cover professionals, including lawyers, for their losses or liabilities if they make a mistake or commit malpractice. Although it can be uncomfortable to think about needing this kind of protection, E&O insurance is a vital part of your overall professional plan.

The one thing you don't want to do when a client threatens to sue you is to ignore them. Although a threat is a long way from an actual lawsuit, taking the threat seriously will allow you to prepare for whatever may follow. Even if you don’t believe your client’s claim has any merit or doubt their willingness to follow through with their threat, informing your professional liability insurer is an important first step in protecting yourself.