Various foundations for malpractice actions against lawyers are offered including:
- neglect or legal malpractice
- violation of fiduciary duty
- breaches of state or national statutes
- common law fraud
- breach of contract
Suits by customers and non-customers might be permissible.
Attorneys’ Legal Malpractice Insurance policies (also known as attorneys’ professional liability coverages) aren’t all made equal. Thus, significant coverage provisions may differ greatly from one insurance provider to another. When comparing the policies provided by various insurance companies, you need to pay particular focus on the next policy provisions:
- Electronic Media Coverage
Most law firms use electronic media to run business. This coverage can respond for misdirection of email or alternative media for example intranet, extranet or internet connection, or loss of customer information transmitted via electronic media, or unintentional spread of a computer virus into or empowering a denial of service attack on a third party computer or network, or unintentional unauthorized access, or personal injury arising from the utilization of electronic media for example a website or social media.
- First Party Cyber Liability Coverage
Some insurance companies will pay back up to $25,000 for hiring a third party to mitigate the potential of legal liability claims coming from any security breach that results in client information being stolen or lost.
- Deceptive Trade Practices Acts (DTPA) Coverage
In certain authorities DTPA coverage is essential. Attorneys may continue to be responsible for specific activities under DTPA kind statutes. Misrepresentations by an lawyer continue to be actionable under some DTPA legislative acts. Note some legal malpractice policies don’t cover all DTPA damages including the multiplied part of treble damages.
- Punitive and Exemplary Damages Coverages
Many legal malpractice insurance coverages expressly exclude punitive and exemplary damages. It might be preferable to really have a policy that will provide coverage where allowed by law.
- Innocent Associate Protection
Criminal, dishonest or deceitful acts with a attorney are excluded from coverage by all coverages.
- Deductibles: Per Claim vs. Aggregate and First Dollar Defense or Loss Only
Using a “per claim” deductible, each claim against you during a coverage year issues you to some other deductible. Some coverages have “aggregate” deductibles so an insured wouldn’t be billed more than one deductible per policy year. Another feature available is first dollar shield inside the deductible.
Some insurance companies will waive a percentage of the deductible or may even waive the whole deductible if ADR can be used to settle a claim.
- Hammer Clause
A “hammer clause” provides in the event the insurance carrier would like to settle a claim but the insured doesn’t accept to the resolution, then the coverage will simply pay the sum that the insurance provider may have settled the claim. It might be preferable to get more favorable approval to settle provision.
- Loss of Gains
Time spent defending a malpractice claim means a loss in revenue for you. Some legal malpractice policies may give you expense compensation/trial presence coverage in the $500-$750 variety for each day you’re from the office for trial, mediation, arbitration or your personal deposition in defending a claim below the policy.
- Disciplinary Proceedings
Some legal malpractice policies will permit coverage for as much as $25,000 or $50,000 for defense costs incurred to react to disciplinary proceedings. This might be yet another limitation rather than subject to the deductible.
More Coverage Options:
1. Forerunner company coverage
2. Profession coverage
3. Sidelong hire coverage
4. Extended reporting periods (ERPs) for non-practicing, retirement, or disability
It is necessary to be well-informed and have an insurance agent to assist you to get the best rates since all legal malpractice insurance policies are different. The vast options of coverage, premium price, fiscal solvency and service amounts needs to function as the primary criteria for the decision making.