What insurance do law firms need for pro bono cases?

Pro bono legal work creates the same professional liability exposure as paid client work. An attorney who misses a deadline, provides incorrect advice, or makes a filing error on a pro bono matter can face a malpractice claim just as they would on a fee-generating case. Most law firm malpractice policies cover all professional legal services rendered by insured attorneys, regardless of whether a fee was charged, so pro bono work performed under the firm's auspices is typically covered.

However, complications can arise when attorneys perform pro bono work through external organizations such as legal aid societies, volunteer lawyer programs, or bar association pro bono panels. If the work is performed under the organization's name rather than the firm's name, the firm's malpractice policy may not respond because the attorney is acting on behalf of the outside organization. Many legal aid organizations carry their own malpractice policies that cover volunteer attorneys, but the limits may be lower than what your firm's policy provides.

Before accepting a pro bono assignment through an external organization, confirm whether the organization provides malpractice coverage for volunteers, what the policy limits are, whether the coverage is primary or excess over your firm's policy, and whether there are any practice area restrictions. If the external organization does not provide coverage, check whether your firm's policy extends to pro bono work performed outside the firm's supervision.

From a risk management perspective, treat pro bono matters with the same diligence as paid engagements. Use engagement letters, maintain complete files, apply conflict checking procedures, and calendar all deadlines. The professional obligations and malpractice exposure are identical regardless of compensation, and carriers view a claim from pro bono work no differently than a claim from a paying client.