$1M Professional Liability (E&O) Insurance for Litigation Support Consultants

Litigation support consultants asked by a law firm or legal department to carry $1M in Professional Liability need a policy with at least $1M per claim, and the contract may also set an aggregate.

What does a $1M requirement mean for litigation support consultants?

Professional Liability (E&O, short for Errors and Omissions) covers claims that a mistake in your work caused a client a financial loss. A typical clause looks like this:

• Per claim: the most the policy pays for any one claim. Here, $1M.
• Aggregate: the yearly cap for all claims. Here, $2M. A $1M/$1M policy would not meet this clause.
• Claims-made: Professional Liability almost always covers claims made and reported while the policy is active, for work done on or after the retroactive date (the earliest work date it covers). Cases run for years, so keep the policy in force.
• "Covering the services": the policy should describe the work you really do. A service left off the application may not be covered.

For how per claim and aggregate limits work together, see Professional Liability limits explained.

Who asks litigation support consultants for $1M?

You will often see $1M from:

• Law firms hiring trial consultants, jury researchers or graphics teams.
• Corporate legal departments bringing in help with document review, case management or damages analysis.
• Government agencies and public bodies buying case management or records services.

Class actions, patent matters and large government work may ask for more because the damages at stake are larger (see $2M Professional Liability for litigation support consultants and $3M).

How is $1M built?

At $1M, you usually have one primary policy (the policy that pays first) and no excess layers (extra policies stacked above it). Litigation support firms often buy Miscellaneous Professional Liability, a form for service businesses. Lawyers who practice law need lawyers professional liability instead.

A commercial umbrella (an extra liability policy that sits above your general liability) almost never covers Professional Liability. Clients usually cannot be added as an additional insured (a party the policy also protects) on this coverage. A certificate of insurance (a one-page proof of coverage) gives the client no rights under the policy, so check what your contract requires.

What will underwriters ask for?

An underwriter is the person at the insurer who decides whether to offer coverage and on what terms. For litigation support work, they usually ask for:

• Each service you offer, such as jury research, trial graphics, damages work or e-discovery project management, with a rough share of revenue.
• Whether anyone at your firm testifies in court.
• The types of cases you support, such as class actions or patent matters, and your largest matters.
• What case data you hold, where it is stored, and who can access it. If you host review data, ask about Technology E&O (coverage for errors in technology services) and Cyber (coverage for data breaches and hacking), which are separate policies.
• Your use of subcontractors, prior claims, anything that could become a claim, and your retroactive date.

What affects the cost?

• Type of work. Damages analysis and e-discovery may carry more risk than graphics or trial logistics, depending on how the carrier views the work.
• Data handling. Hosting large volumes of private attorney-client records often raises the risk.
• Claims history. Prior claims can raise the price or narrow options.
• Aggregate, retention and defense terms. $1M/$2M usually costs more than $1M/$1M. A higher retention (the amount you pay on each claim before the policy pays, similar to a deductible) usually lowers the premium. Defense outside the limit often adds cost.

Frequently asked questions

Do I need $1M Professional Liability as a litigation support consultant?

Often yes, if your engagement letter says so. Law firms and legal departments commonly put an insurance minimum in the contract, and a law firm's own malpractice policy usually does not cover outside consultants, so read that section before you start.

What kind of claim could a litigation support consultant face?

A litigation support consultant could face a claim from an error in document review or damages work. In a hypothetical example, a coding error in a document review sends private attorney-client emails to the other side, and the law firm's client blames your team. In another, a spreadsheet mistake changes a damages figure shown to the jury. Defense costs are often part of a covered claim, even if your work was sound, but how they are paid depends on the policy wording.

Does Professional Liability cover testifying as a litigation support consultant?

Sometimes, depending on the policy. Some treat testimony differently from behind-the-scenes consulting, so list any testifying work on your application.

Is $1M/$1M enough if my contract says $1M/$2M?

No, a $1M/$1M policy would not meet a $1M/$2M clause. Request new quotes for a $1M/$2M policy. Morrow can shop it for you and ask carriers to keep your retroactive date and prior acts coverage (coverage for earlier work) where the market allows. Keep your current policy in force until the new one starts. Report anything that could become a claim to your current carrier before that policy ends.

This article is general information, not legal advice or a coverage determination. Coverage depends on the actual policy wording, carrier underwriting and your contract terms.