Do I need professional indemnity insurance if my employer is not SRA regulated?
I’ve received an offer to join an accountancy firm that wishes to expand its business and provide non-reserved legal services to the public. Do I need to have professional indemnity insurance (PII)?
Under rule 4.3 (a) of the SRA’s Transparency Rules 2018, you must inform your clients that you are not required to have professional indemnity insurance (PII) that meets the requirements for SRA’s minimum terms and conditions (MTC).
You will have to explain to your clients what the MTCs are and that they do not apply to you as your employer is not a firm regulated by the SRA.
If you are covered by PII, for example through your employer, you are required to inform your clients and provide them with details if requested.
It may be helpful to clients if you explain to them the difference between MTCs and the insurance you have.
If the organisation that employs you does not have insurance or has inadequate insurance or you have given personal guarantees, you may be personally liable for losses as a result of your work.
You should carefully consider the risks involved in working for such an employer.
You should also inform clients that they are not eligible for grants from the Solicitors Compensation Fund and explain to them the nature and purpose of the fund.
For more information, see our practice note on solicitors offering legal services to the public from unregulated entities.
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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