What is a locum tenens arrangement and how does it affect attorney insurance?

Locum tenens arrangements, where a temporary attorney steps in to cover for an attorney who is on leave, recovering from illness, or otherwise unavailable, require careful insurance planning. The substitute attorney handles active client matters, makes legal judgments, and may appear in court, all of which create malpractice exposure that must be insured.

If the locum tenens attorney is retained as a temporary employee or independent contractor of the firm, the firm's malpractice policy should cover their work, provided the policy extends to temporary or contract attorneys. Confirm this coverage with your carrier before the locum begins work. Some policies automatically cover anyone performing legal services on behalf of the firm, while others require specific notification or endorsement for temporary attorneys.

If the locum tenens attorney takes over a solo practitioner's entire practice during the solo's absence, the arrangement may be structured as a temporary assumption of the practice. In this case, the locum should carry their own malpractice policy or be added to the absent attorney's policy. The absent attorney's carrier should be notified, as having an unfamiliar attorney handle the practice changes the risk profile.

State bar rules govern locum tenens arrangements and may require specific disclosures to clients, court notification, or supervisory arrangements. From an insurance standpoint, the key concerns are ensuring continuous coverage for all client work, defining whose policy responds to claims arising during the temporary arrangement, and confirming that the locum's prior acts coverage is adequate. Written agreements should specify insurance responsibilities, define the scope of the locum's authority, and establish communication protocols for significant case developments.