Protexure Lawyers Blog

Why Every Attorney Should Carry Malpractice Insurance for Lawyers

Written by Suzanne Young | May 29, 2025 3:00:00 PM

In a profession built on precision, diligence, and trust, lawyers often believe avoiding errors is simply a matter of good practice. But no matter how cautious or experienced you are, risk is part of the job. Malpractice insurance for lawyers is not just a financial safeguard; it is essential protection against the unpredictable realities of legal work. 

Practicing law involves interpreting complex regulations, managing deadlines, and offering advice that can alter the course of someone’s life or business. When something goes wrong—whether due to actual error or client perception—a lawsuit may follow. That is where malpractice insurance steps in. 

Even great attorneys get sued 

 

Many attorneys take pride in their attention to detail and commitment to doing right by their clients. However, even the best legal professionals can face claims. Allegations of negligence, whether justified or not, can result in costly litigation. 

Malpractice claims are often tied to issues such as: 

  • Missed filing deadlines
  • Failure to know or properly apply the law 
  • Poor client communication
  • Conflicts of interest
  • Strategy missteps

Malpractice claims continue to trend across various practice areas, including real estate, personal injury, and estate planning. While some claims stem from genuine mistakes, many arise from misunderstandings or client dissatisfaction. Regardless of the cause, defending a claim without insurance can financially devastate a law firm. 

Also read: Understanding Limits of Liability: Protecting Professionals from Financial Risk

The benefits of malpractice insurance for lawyers 

 

The most obvious benefit of malpractice insurance for lawyers is protection against financial loss from professional negligence claims. But its value extends beyond legal defense. 

  • Client Trust: Having malpractice insurance signals to clients that a lawyer or firm takes professional responsibility seriously. It demonstrates a commitment to accountability and can help build confidence in the attorney-client relationship.
  • Peace of mind: Lawyers can focus on representing their clients instead of worrying about potential legal fallout.
  • Firm-wide protection: Coverage usually extends to current and past employees, ensuring the entire firm is shielded.
  • Support for regulatory or disciplinary matters: Some policies assist with the cost of defending against complaints brought before a bar association or licensing body.

Most importantly, malpractice insurance can cover legal fees and damages, which often add up quickly. Even if a case is ultimately dismissed, the cost of mounting a defense can be significant. 

Malpractice insurance strengthens client relationships

 

Clients are more likely to trust an attorney who is committed to risk management. Having malpractice insurance for lawyers demonstrates professionalism, responsibility, and a long-term investment in your practice. 

For clients shopping for representation, knowing that an attorney carries coverage can be a deciding factor. In some competitive markets, this can be a valuable differentiator.  

Furthermore, some jurisdictions require lawyers to disclose whether they are insured. While only Oregon mandates that all attorneys carry malpractice coverage, other states have implemented disclosure rules. Failing to carry insurance—or even failing to disclose the absence of it—can lead to lost business and diminished client confidence. 

Also read: What is Step Rate? Understanding How Insurance Premiums Change Over Time 

Retirement does not eliminate risk 

 

Retiring from legal practice does not necessarily remove exposure to malpractice claims. If a claim arises from work done years before retirement, a former attorney may still be held liable. 

Many policies include an extended reporting period, also known as “tail coverage,” for such incidents. This feature allows retired lawyers to report claims after their policy has ended, provided the alleged act occurred while the policy was active. 

Protexure Lawyers offers complimentary tail coverage to attorneys who have maintained coverage with them for three or more consecutive years. This benefit ensures protection even after leaving active practice. 

Choosing the right coverage 

 

There is no one-size-fits-all policy when it comes to malpractice insurance for lawyers. Every firm has unique risks based on practice areas, size, client base, and operational habits. 

When evaluating policies, consider the following: 

  • Does the policy include prior acts coverage?
  • Are defense costs included within or outside the policy limits?
  • What is the deductible, and is it affordable in a worst-case scenario?
  • Does the policy offer first-dollar defense or claim expense outside limits (CEOL)?
  • How financially stable is the insurer, and do they specialize in legal malpractice?

Price is important, though it should not be the only consideration. A cheaper policy that provides less coverage or limited support during a claim could cost more in the long run. 

Also read: How Much Does Professional Liability Insurance Cost for Solo Attorneys? 

The high cost of foregoing coverage 

 

Operating without insurance might seem like a way to cut costs. But just one malpractice claim can easily erase any savings from skipping coverage. Worse, it can lead to personal financial ruin. 

The risk is too significant to ignore. As legal professionals, attorneys are trained to assess and manage risks for their clients. Applying that same mindset to their own practice means prioritizing proper insurance coverage. 

At Protexure Lawyers, we offer tailored policies designed for small law firms with competitive rates and personalized service. Our Professional Liability Insurance covers a range of potential claims, including failure to meet deadlines, poor advice, and conflicts of interest. We make it simple and affordable to get protected so you can focus on your clients and your craft.