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E&O Insurance: E-Discovery Comes with Additional Exposures for Law

Posted on: April 23, 2012 by Caitlin Morgan

E&O Insurance: E-Discovery Comes with Additional Exposures for LawMany law practices, because of the breadth and scope of their work, often rely on attorneys outside the firm who are hired or outsource companies to take on some of the workload when a practice has an overload of cases to resolve. But what happens when an unsatisfied client decides to file suit, claiming negligence against a person or firm that you have chosen to hire?

For example, there is a rising trend in outsourcing E-discovery. E-discovery involves the initial phase of litigation where the parties in a dispute are required to provide each other relevant information and records, along with all other evidence related to the case. This can be Word documents, spreadsheets, email, audio or video. Many law firms outsource this activity to firms. But with E-discovery, there is the possibility of inadvertent disclosure of privileged documents. Yet it’s unclear as to how much attorneys need to supervise service providers during document review within the E-discovery process.

The best thing, some feel, is to bring E-discovery in-house, with a solution that enables lawyers to protect the companies/law firms they work for by quickly doing a first pass review for standard and important material like privilege and confidentiality issues. This will allow attorneys to accurately review outsourced work and protect corporations from future liability.

Equally important is to make sure your clients have proper Professional Liability insurance, or Errors & Omissions insurance to protect their practice in the event subcontractors who they entrust to give the same high level of service make a mistake that results in a lawsuit against them. At Caitlin-Morgan, we can help you provide right Professional Liability solution. Just give us a call at 877.226.1027.

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Posted in: Malpractice Insurance