What coverage do attorneys need for moonlighting or side practices?

Many attorneys provide legal services outside their primary practice arrangement — serving on nonprofit boards, teaching as adjunct professors, providing occasional pro bono services independently, or maintaining a small side practice. These activities can create significant insurance gaps.

Firm malpractice policies typically cover legal services performed in connection with the named insured firm. If you are a partner at Smith & Associates and you provide legal advice to a friend's startup on your own time, that advice is likely not covered by the firm's policy. If the advice results in a claim, you face personal liability with no insurance backstop.

Board service creates particularly dangerous gaps. If you serve on a nonprofit or corporate board and provide legal guidance in that capacity, your firm's malpractice policy almost certainly does not cover you. The organization's D&O policy should cover your board service, but verify that it extends to professional advice given by board members — many D&O policies exclude professional liability claims.

Teaching law creates a modest but real exposure. If students or institutions claim harm from incorrect legal instruction, your firm's policy does not cover the claim. Most universities provide professional liability coverage for faculty, but adjunct professors may not be covered. Check with the institution.

For attorneys who maintain a regular side practice — even a small one — obtaining a separate individual malpractice policy is the safest approach. Alternatively, some carriers will endorse a firm policy to extend coverage to a partner's approved outside activities, typically for an additional premium.

Always disclose outside activities to your firm and your carrier. Failure to disclose a side practice can be treated as a material misrepresentation on your application, potentially jeopardizing your entire coverage — not just coverage for the side activity.

If you provide any legal services outside your primary firm arrangement, discuss the coverage implications with your broker before a claim forces the conversation.