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Insurance For Law Firms: Why Do They Need It?

Nov 30

Your legal company will have to obtain or renew its insurance at some time each year. Each year, you'll have to fill out a new application, which will take additional time and energy away from running your firm.

Why is it so difficult, complex, and expensive to purchase insurance, especially for law firms? Is it possible that the majority of businesses are serviced by their present insurance brokers?

Due to the complexity of today's legal landscape, attorneys and law firms require expert guidance and support when purchasing insurance to ensure that their policy provides them with the greatest possible protection against all potential dangers.

They also need to have access to insurance policies that are professionally tailored to meet the unique risks and liabilities that come with owning a law business.

What sorts of risks may attorneys use insurance to mitigate? Legal malpractice insurance is the most well-known (after all, practicing law gets riskier as society gets more litigious).

It's merely the tip of the iceberg when it comes to malpractice lawsuits. Law firms, like all other businesses, have clients and workers, which means they must be covered against a wide range of hazards that are similar to the dangers that businesses in any other industry encounter and are protected from via insurance.

Cyber liability and cybercrime are a close second in today's world, and both must be protected. Remember that law companies are in charge of a lot of sensitive client and partner data, therefore data security is a necessary, and data breaches are one of the biggest threats that attorneys face.

Financial stability, prosperity, and longevity can all be enhanced by adequate protection from a lawsuit, whether deserved or not. As a result, law firms must shelter themselves with a flawless risk management strategy.


Choosing The Best Insurance For Your Law Firm

The best method to insure your legal company is to do it carefully and with the help of professional specialists who are familiar with both business insurance and the demands of your industry. Not every legal practice need the same insurance, and there are a number of considerations to consider when determining what level of protection your business requires.

When it comes to having the correct coverage, research is essential, and you can never be too cautious about the insurance you buy. Make sure you understand the policy's limitations and conditions, what they include, and what has to happen in order for coverage to be triggered.

Because you are an attorney or a group of attorneys, be sure you grasp the policies' representation options. Is it possible to represent oneself, or does the insurance compel you to hire a third-party law firm?

To summarize, before you write the cheque, make sure you are as educated as possible about what you are getting.


Additional Insurance Considerations For Lawyers

As a lawyer's exposure to risk and claims grows, so does his or her premium.

Because a rookie attorney has a limited legal history, he or she is less likely to face a claim for previous legal services. Due to the intricacy of cases, a longer history of lawsuits, and typically larger stakes, experienced attorneys and developing companies are more prone to mistakes.

Lawyers in private practice for five years or fewer are targeted in roughly 3.5 percent of malpractice claims, according to the American Bar Association, compared to 37 percent for attorneys with 11-20 years of experience. Many lawyers are surprised by this since they consider themselves to be more proficient attorneys after years of practice.

Expect your firm's insurance prices to rise when you hire an experienced attorney to work for you. Furthermore, an attorney invoicing 1,500 hours is significantly more vulnerable to claims than an OC billing 600 hours. Some insurance companies may even cover your part-time lawyers without charging you a fee.

Your rate per attorney eventually becomes "mature," and each extra year of experience has little bearing on the premium. But don't hold your breath for it to happen. You can immediately lower premium expenses by having a broker negotiate with carriers, ensuring that you get the best offer year after year with no effort on your part. A knowledgeable broker who knows carrier underwriting can help you take advantage of these subtleties.

Lawyers are particularly vulnerable to gaps in their professional liability and insurance coverage litigation. Brokers frequently fall short of servicing their customers by leaving gaps in their coverage, especially if they are unskilled when it comes to selecting the correct insurance for legal practitioners.

Is your broker willing to manage all of your company's insurance lines? Having a broker who specializes in law firms gives you the assurance that all insurable risk factors at your company will be fully covered. Check with your broker to see if he or she can detect the gaps on your behalf using several insurance companies and policies.


What Kinds Of Insurance Do Law Firms Require?

Depending on its size, profile, and other considerations, each law practice has its own set of insurance requirements. However, some insurance products should be considered by most businesses as a necessary element of their asset protection strategy:

Property / Business Owner's Policy (BOP) and General Liability Insurance:
General liability insurance is a must-have policy that will protect you from most sorts of lawsuits. It also includes the crucial premises liability coverage, which covers injuries that may occur on your property. Because practically all business is performed in the office and most client communication is handled by phone and email, law firms' general liability is generally small. Property insurance protects your personal belongings, such as computers and furniture. This coverage protects you in the case of a fire, flood, or other unforeseen incident that might damage the facility, your belongings, or your capacity to operate. A Business Owners Policy combines general liability and property insurance (BOP).

Professional Liability Insurance: Also known as errors and omissions insurance or legal malpractice insurance, this is the most common type of insurance purchased by lawyers and law firms. Because this is the most likely area for a claim, it is certainly the most crucial sort of insurance for law firms. Unfortunately, even the finest lawyers can be sued for legal misconduct. Misinterpretation of the law, improper counsel, missing deadlines (statutes), conflicts of interest, and simply angry customers wanting to sue are all possibilities. Given how simple it is to file a malpractice action, it's surprising that some lawyers don't carry malpractice insurance or let it expire.

This coverage will be able to pay your legal defense costs and expenses, as well as damages or settlements issued against your company (e-discovery, expert witnesses, etc.). Notably, fines and penalties are rarely covered by policies, but superior policies may provide a defense if fines and penalties are asserted.

Law companies deal with a lot of sensitive data, so it's no wonder that they're frequently attacked by hackers. According to a recent research, 22% of legal firms in the United States suffered a cyberattack or data breach in 2017. Hackers are particularly interested in the sort of extremely sensitive data that law firms have on hand, since this material may readily be sold to opposing legal parties, the media, or anyone else who could benefit from it.

Law businesses have increasingly been targets of cybercrime and phishing schemes. Cybercrime frequently include a criminal attempting to dupe a legal firm into transferring payments to a phony account or hacking an attorney's email and encouraging clients to submit funds to an illicit account. This is referred described as "social engineering" by some. Cyber insurance or a crime coverage will cover this.

EPLI (Employment Practices Liability Insurance): As your company expands, so does the requirement for this coverage. If you're a sole practitioner, you probably won't need this. As a company grows, however, the challenges get more complicated, and the personalities become less predictable. Any legal practice with employees, regardless of how many, should have EPLI coverage.

Employee-related claims such as discrimination, harassment, failure to promote, and wrongful termination will be covered by EPL insurance. Professional services organizations are also highly advised to obtain third-party coverage to protect themselves from claims made by other parties. There is no question that if you are a large legal practice with a high turnover rate, you require EPLI.

Directors & Officers (D&O) Insurance: Just as in most other businesses, D&O insurance for law firms protects the firm from actions alleging financial loss due to mismanagement.

Law firm officials face a special risk since the company's attorneys may be among the most likely to file a lawsuit against the firm's directors and officers. A standard D&O policy would not cover this exposure, hence a coverage tailored for a legal practice is required. A failed purchase, over-extending on partner lateral hiring, or tortious interference are all potential risks.

Workers Compensation Insurance: Since this sort of commercial insurance is mandated in nearly every state, there's nothing to consider — your legal company must have it. Fortunately, because a legal office is not a high-risk employment, workers compensation is unlikely to be expensive. Accidents may happen, and workers' compensation will cover your company if one of your employees is injured on the job (whether it's at your office, the courthouse, or anyplace else they're representing your firm in a professional capacity).


How Much Does It Cost?

Are you unsure whether you're receiving a good deal?

The fact that no one truly knows how an underwriter arrives at a premium is a typical query we get — and a widespread one with insurance underwriting in general.

The number of attorneys, fields of practice, location, and claims are all factors that influence a law firm's rates. Most businesses are aware of this, but few are aware of how the price is determined.

It's crucial to remember that cheaper isn't always better, and the only thing that matters is that your insurance policy covers your practice's operations as thoroughly as possible.

When it comes to establishing your legal firm's premiums, your previous claims experience is also crucial. It's not only about the quantity of claims; it's also about how much they cost, the type of the claims, and how much your law business was at fault in these claims.