Lawyers' Professional Liability in Connecticut: What Firms Should Carry Even Though It Is Not Mandatory

4 min read
Business Insurance
Business Insurance
Cyber Liability
Connecticut Requirements
Lawyers' Professional Liability in Connecticut: What Firms Should Carry Even Though It Is Not Mandatory

Connecticut does not require attorneys to carry malpractice insurance, but most firms do. How lawyers' professional liability works, plus the cyber and wire-fraud risks law firms face.

Short answer: Connecticut does not require lawyers to carry professional liability insurance; only a few states mandate it. But a single missed deadline or closing error can produce a claim larger than a small firm's assets, so most Connecticut firms carry lawyers' professional liability (LPL), written claims-made, with attention to prior acts, tail coverage, and defense-cost structure. Firms handling real estate closings and escrow also need strong cyber and crime coverage for wire fraud.

How LPL works

  • Claims-made and reported: covers claims first made and reported during the policy for work after the retroactive date. Keep prior-acts coverage when changing carriers.
  • Defense inside or outside limits: many policies erode the limit with defense costs. "Claims expense in addition" options preserve the limit for settlements.
  • Per-claim and aggregate limits sized to the firm's matters; real estate, trusts and estates, and securities work carry larger potential losses.
  • Disciplinary proceedings coverage for grievance defense is commonly included at a sublimit.

Lateral hires, departures and retirement

Lawyers joining a firm bring prior-acts exposure; confirm the firm's policy covers it or that their prior firm's coverage does. When a lawyer retires or a firm dissolves, an extended reporting period (tail) is essential, since malpractice claims often surface years later. Some carriers provide free retirement tails after a period of continuous coverage.

Real estate closings, escrow and wire fraud

Connecticut residential closings are attorney-driven, which makes law firms prime targets for business email compromise. A diverted payoff or proceeds wire may fall outside LPL, depending on the policy. Firms need cyber coverage with social engineering and funds-transfer fraud at realistic limits, crime coverage, and strict call-back verification for every wire instruction. See closing wire fraud and cyber liability.

The rest of the program

A business owners policy for office property and premises liability, employment practices liability, and workers' compensation complete the core. Lawyers serving on client or nonprofit boards should confirm outside directorship coverage; see D&O.

New England Insurance, an independent Connecticut agency in Bridgeport since 2012, coordinates law firm cyber, crime and office coverage alongside the firm's LPL. Request a review.

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Frequently Asked Questions

Do Connecticut attorneys have to carry malpractice insurance?

No. Connecticut does not require lawyers to carry professional liability insurance, though most firms do because claims can exceed a firm's assets.

What does "defense outside the limits" mean in lawyers' professional liability?

Defense costs are paid in addition to the policy limit rather than reducing it, preserving the full limit for settlements or judgments.

Does malpractice insurance cover wire fraud at a closing?

Not always. Funds diverted by business email compromise may fall outside lawyers' professional liability. Cyber and crime coverage with social engineering and funds-transfer fraud is needed.

Do lawyers need tail coverage when they retire?

Yes. Because policies are claims-made and claims can surface years later, an extended reporting period is essential at retirement or firm dissolution.

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