What insurance do litigation attorneys need beyond malpractice?

Litigation practices have insurance needs that extend beyond standard malpractice coverage due to the nature of litigation work. Litigators handle voluminous confidential documents including medical records, financial statements, trade secrets, and personal information that make robust cyber liability coverage essential. A data breach exposing litigation files could harm both clients and third parties whose information appears in discovery materials.

Commercial auto or hired and non-owned auto coverage is important for litigation practices because attorneys and staff regularly travel to courthouses, deposition sites, client meetings, accident scenes, and expert witness offices. If an attorney causes an accident while driving to a hearing, the firm faces vicarious liability that is not covered by malpractice insurance. Non-owned auto coverage protects the firm when employees use personal vehicles for business purposes.

Litigation firms that handle high-value cases should carefully evaluate whether their malpractice limits are sufficient. Plaintiff-side litigation creates particularly high exposure because the firm controls settlement decisions that directly affect client recovery. A missed deadline or procedural error in a multi-million-dollar case can generate a malpractice claim equal to the value of the lost case. Commercial umbrella coverage provides additional limits above the primary malpractice policy and is cost-effective relative to the protection it provides.

Litigation support staff including paralegals, investigators, and process servers may need to be covered under the firm's workers compensation policy and should be included in the firm's general liability coverage. If the firm employs investigators who conduct surveillance or fieldwork, additional coverage for their activities may be necessary, as standard office-based policies may not contemplate these higher-risk activities.