general questions

Yes, appearance attorneys should carry their own malpractice insurance, especially if they are not direct employees of the hiring law firm. While some firms may offer limited coverage, having personal professional liability insurance is critical for safeguarding against claims related to legal services performed. 

 1. Personal Liability for Errors or Omissions
Appearance counsel are responsible for the legal work they perform. If a mistake leads to a malpractice claim, the attorney can be held personally liable.

2. Limited Protection Under the Hiring Firm's Policy
Most law firm malpractice policies are claims-made policies and may not extend full coverage to outside or contract attorneys—particularly after the engagement ends.

3. Independent Contractor Status
Since appearance counsel are typically hired as independent contractors, they are generally not covered under the firm’s umbrella and must secure their own protection.

• Claims-Made vs. Occurrence Coverage
  Claims-made policies only cover claims made while the policy is active, regardless of when the incident occurred. Occurrence-based policies cover incidents that occurred during the policy period, regardless of when the claim is filed.
• Adequate Policy Limits
  Ensure coverage limits are sufficient to handle potential liabilities based on the nature and volume of the attorney’s work.
• Practice Area-Specific Coverage
  Verify that the policy explicitly covers the area(s) of law in which the attorney practices.
• Retroactive Dates (for Claims-Made Policies)
  Ensure the retroactive date is early enough to cover prior work, particularly for attorneys with a history of court appearances.
• Reputation and Claims Handling
  Select a reputable insurer with a solid track record in claims management and customer service.
• Premium Influences
  Premiums vary based on geography, practice area, number of attorneys insured, and desired coverage limits.

• Verify Insurance Coverage
  Always request and confirm proof of malpractice insurance from the appearance counsel before engagement.
• Understand Their Policy Terms
  Review the counsel’s insurance policy to identify any coverage gaps or limitations.
• Consider Supplemental Coverage
  Evaluate whether your firm’s own umbrella or excess liability policies offer any backup protection.
• Maintain Thorough Documentation
  Keep clear, written records of all communications, agreements, and instructions involving the appearance attorney.