Pro bono service is a great way for new lawyers and lawyers who are not actively practicing full-time to gain experience, sharpen their practice skills, and provide critically needed legal assistance to a low-income Minnesotans. One of the concerns often raised, however, is how to handle potential claims of malpractice that arise out of pro bono representation. This is particularly troubling for lawyers who don’t currently have malpractice insurance policies. No need to worry: Every legal aid program that works with pro bono volunteers carries malpractice insurance to cover that representation. They do so for a number of reasons—to make sure their clients receive quality representation from their own staff lawyers and to make sure their volunteers will provide representation without fear of uncovered malpractice claims. While the likelihood of a malpractice claim arising out of pro bono representation is extremely low, it’s good to know that legal aid programs have their volunteers covered. For lawyers without any malpractice coverage, the legal aid program’s coverage would be primary, since the pro bono client’s claim would be covered as a client of the legal aid program. (For those attorneys who already have coverage, it is likely the legal policy would be secondary, but be sure to contact the referring program to make sure.)
So please don’t let concerns about malpractice coverage and potential claims stop you from volunteering. If you are looking for ways to get started, please contact MSBA Public Service Director Steve Marchese (smarchese@mnbars.org or 612-278-6308).