Solicitor Professional Indemnity

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Solicitor Professional Indemnity

Excess and top-up professional indemnity for Australian law practices.

Solicitors do not shop the base layer. A practising certificate depends on the compulsory scheme in your state, so the broker's work sits above it. Once a claim runs past the scheme limit - a large conveyance, a missed limitation date, a commercial transaction that unwinds - the excess layer is what stands between the firm and the balance.

What is it?

Australian law practices obtain compulsory professional indemnity through a single approved scheme in their state, such as Lawcover in New South Wales, the Legal Practitioners' Liability Committee in Victoria, Lexon in Queensland and Law Mutual in Western Australia. Cover is a condition of holding a practising certificate. Firms then arrange excess of loss layers above the scheme, plus cyber and management liability.

What does solicitor professional indemnity cover?

Excess of loss layers

Cover sitting above the compulsory scheme limit for larger claims.

Cyber and trust funds

Exposure to payment redirection fraud and the client data a firm holds.

Management liability

Claims against the practice and its principals as a business rather than as advisers.

What affects the cost?

  • Areas of law practised
  • Number of principals and fee earners
  • Transaction sizes handled
  • Scheme limit already in place
  • Claims history

Worth raising on the call

  • The base layer is set by your state scheme, so the broker conversation is about what sits above it.
  • Conveyancing and commercial work drive most claims that reach scheme limits.
  • Email payment redirection is generally a cyber loss rather than a professional indemnity claim.

Claims we are commonly asked about

Loss runs past the scheme limit

A commercial property transaction unwinds after an easement affecting the development footprint is not picked up, and the loss exceeds the compulsory scheme limit. The excess of loss layer is what stands between the firm and the balance.

Limitation date missed

Proceedings on a substantial personal injury matter are not filed before the limitation period expires and the client's claim is lost entirely. Where the underlying claim was large, the resulting loss can move past the base layer quickly.

Settlement funds sent to a fraudster

A conveyancing client receives spoofed trust account details from a compromised email thread and pays settlement money to an account controlled by a third party. This usually runs as a cyber and social engineering loss rather than a professional indemnity claim, and the two wordings need to line up.

Worth confirming in the wording

  • Worth confirming exactly how the excess layer attaches to your state scheme policy so there is no gap between where one stops and the other starts.
  • Worth confirming whether social engineering and payment redirection loss is addressed, and under which policy it is intended to sit.
  • Worth confirming how work performed through a related entity, such as a separate conveyancing, migration or advisory company, is treated.

Common questions

Do I need cover beyond the compulsory scheme?

It depends on the size and type of work you handle. Firms doing large commercial transactions, property development or substantial litigation commonly arrange excess of loss layers above the scheme limit, because a single claim can exceed it. Firms with smaller matters may sit differently. A broker can size it against your transaction values.

Can I choose a different insurer for the base layer?

Generally not. Australian law practices obtain compulsory professional indemnity through the single approved scheme in their state, and holding it is a condition of a practising certificate. The scheme rules are set by that body, so the broker conversation is normally about the layers and covers sitting above and alongside it.

What happens when I close or sell my practice?

Because cover is claims-made, matters completed years ago can still generate a claim after the doors close. Scheme rules and run-off arrangements differ by state, so it is worth checking the position with your scheme and arranging run-off for any excess layers before the practice winds up.

What does excess of loss cover cost for a law firm?

It depends rather than following a set rate. The main drivers are the areas of law practised, the number of principals and fee earners, the size of transactions handled, the scheme limit already in place beneath the layer, and the firm's claims history.

General information only. Cover, limits and exclusions depend on the PDS, TMD, eligibility, underwriting and the policy terms. See professional indemnity insurance for the wider picture.

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