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Coverage for the Work Provided by Non-lawyers

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Does LAWPRO cover the work done by the articling student?

The LAWPRO policy generally insures lawyers only. Articling students are not eligible to purchase coverage.

However, LAWPRO provides coverage to an insured lawyer to the extent that the lawyer is liable for the activities of the articling student under the lawyer’s supervision and control.

Is there coverage for the work of a chartered accountant hired to provide services under the supervision of a law firm lawyer?

The policy usually just insures the lawyers in a law firm, unless it is a multi-discipline partnership or a combined licensee firm, in which case, non-lawyer partners (or possibly shareholder, in the latter case) are insureds and afforded protection under the policy.

A chartered accountant employed by a law firm that is not a multi-discipline partnership who provides services on client files does not qualify as an insured and is not afforded protection under the program policy.

It would be expected that the non-lawyer professional would carry his or her own professional liability insurance. To the extent that the policy coverage is triggered and LAWPRO affords protection to the insured lawyers in the law firm against liability for the activities of the accountant, LAWPRO could pursue the accountant for their liability.

Does the LAWPRO Policy cover the work done by a law clerk or paralegal?

Unless they are a partner in a multi-discipline partnership or a partner / shareholder in a combined licensee firm, a law clerk and paralegal does not qualify as an insured under policy.

However, LAWPRO would provide coverage to an insured lawyer to the extent that the lawyer is liable for the activities of a law clerk or paralegal under the lawyer’s supervision and control.


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