Is malpractice insurance needed for pro bono work?

Pro bono work creates the same malpractice exposure as paid legal work. A client who receives free legal services has the same right to competent representation and the same ability to file a malpractice claim if they believe your services caused them harm.

The good news is that most standard malpractice policies cover pro bono work performed as part of your legal practice without additional premium or endorsement. The policy covers your professional legal services regardless of whether you charged for them. However, it is worth confirming this with your carrier, particularly if your pro bono work involves practice areas outside your normal scope.

Some state bar associations and legal aid organizations provide malpractice coverage for attorneys performing pro bono work through their organized programs. This coverage typically supplements, rather than replaces, your own malpractice policy. If you do pro bono work through an organized program, check whether the program provides coverage and how it interacts with your personal policy.

For retired or inactive attorneys who maintain their license solely to do pro bono work, insurance options may be more limited. Some carriers offer reduced-premium policies for attorneys in semi-retirement who practice part-time or exclusively pro bono. Several state programs also provide free coverage for pro bono volunteers.

Risk management for pro bono matters should be identical to your paid practice. Use engagement letters, maintain conflict checks, calendar deadlines, and document your work just as you would for a paying client. The fact that you are not charging does not lower the standard of care or reduce your malpractice exposure.