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Professional indemnity insurance (PII) for In House Pro Bono

 
In-house legal teams provide invaluable pro bono services to a wide range of beneficiaries. However, concerns around regulatory barriers - particularly professional indemnity insurance (PII) - often hold teams back.

Below, we outline practical approaches to securing PII based on your budget, followed by key regulatory guidance from the Guide to In House Pro Bono (developed by The Law Society, LawWorks, the In House Pro Bono Group and GC100). 
 
PII options based on your budget

Firstly, check if your company has global PII policy that covers pro bono for lawyers in your jurisdiction

Zero budget available

  • Partner with Charities: Choose volunteering opportunities with charities or structured programmes that provide their own PII cover for volunteers. See our list of volunteering opportunities (many of which meet this criteria).

  • Collaborate with Law Firms: Partner with an external law firm that is willing to extend their PII to cover in-house volunteers collaborating on a joint project.

Moderate budget (~£600 - £1.2k)

Become a LawWorks member:

  • Undertake LawWorks' member projects: Not-for-Profits programme and the Unpaid Wages Project (Secondary Specialisation).

  • Your projects: LawWorks' insurance covering additional "special projects" (e.g. your own) can be considered on a case-by-case basis and would be subject to a number of checks.

Larger budget

  • Paid Team Programmes: Partner with educational or social justice charities where you pay a fee for team participation which includes comprehensive PII (e.g., Schools Consent Project, University House, Young Citizens).

  • Bespoke PII Policy: Take out a standalone PII policy specifically for your team's pro bono work. Contact us for suggested insurers.

Regulatory Context: SRA Rules

Under Rule 5.6 of the SRA Code of Conduct for Solicitors pro bono advice given by in-house solicitors must be covered by "adequate and appropriate" indemnity insurance if it involves:

  1. Reserved legal activities (e.g., court advocacy, conduct of litigation, preparing certain deeds).

  2. A combination of reserved and non-reserved activities.

Note: No formal indemnity insurance is regulatory-mandated for giving advice solely on non-reserved activities. However, we strongly advise against working entirely uninsured, as individuals could theoretically face personal liability for negligent advice if the employer's corporate insurance does not cover it.

 

For detailed rules, see the SRA Guidance on Indemnity Insurance and the LSB definition of Reserved Legal Activities.

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