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E&O Insurance >Practice Type
>pro bono
E&O Insurance
Pro bono
Whether or not you have coverage for pro bono PROFESSIONAL SERVICES depends on your current insurance status as well as on
the type of pro bono PROFESSIONAL SERVICES to be provided.
Select one of the following:
| Private Practice |
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| If you are purchasing the standard professional liability
insurance coverage through LAWPRO®, you generally have coverage for
PROFESSIONAL SERVICES that are
performed, whether they are paid PROFESSIONAL SERVICES
or provided pro bono.
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Should a claim arise through any PRO BONO SERVICES
you provide through a LAWPRO-approved pro bono program associated with Pro Bono Law Ontario (PBLO), you are not required
to pay for a DEDUCTIBLE
or claims history levy surcharge associated with that claim.
If you are applying for the part-time practice option, you will NOT be required to consider any hours of
professional time or past claims relating solely to these PROFESSIONAL SERVICES
in your application for this part-time practice option.
However, you are required to pay any DEDUCTIBLE amount or claims history levy surcharge associated with any
claims that arise from pro bono PROFESSIONAL SERVICES that are not provided through an approved program associated with PBLO.
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Exempt LAWYERS providing approved pro bono
PROFESSIONAL SERVICES through a
LAWPRO-approved pro bono program.
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If you qualify and apply for exemption, and also provide approved pro bono
PROFESSIONAL SERVICES through
a LAWPRO-approved pro bono
PROFESSIONAL SERVICES program associated with Pro Bono Law Ontario (PBLO), you have Run-Off coverage as follows:
- You are provided with the standard
Run-Off Coverage of $250,000 per claim/in the aggregate. This coverage has been
modified to insure not only earlier PROFESSIONAL SERVICES
provided while you purchased the ongoing practice coverage under the program, but also such pro bono
PROFESSIONAL SERVICES
which you provide while on exemption; and
- You are NOT required to pay any DEDUCTIBLE amount for claims relating solely to such
PROFESSIONAL SERVICES.
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Coverage applies to PROFESSIONAL SERVICES
provided through approved programs associated with Pro Bono Law Ontario, and does not include legal work beyond the
following:
- those rendered to low income persons in civil matters or in criminal matters for which there is no government obligation to provide counsel;
- those that simplify the legal process for, or increase the availability and quality of
these services to persons of limited means; and/or
- those rendered to charitable, non-profit and public interest organizations with respect to matters or projects to address the needs of low-income and disadvantaged individuals.
See LAWPRO-approved pro bono program for a listing of eligible programs.
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Exempt LAWYERS providing pro bono PROFESSIONAL SERVICES not through a LAWPRO-approved pro bono program
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If you provide PROFESSIONAL SERVICES on a pro bono basis, but not through a LAWPRO-approved pro bono program associated
with Pro Bono Law Ontario (PBLO) you are considered to be in private practice, and must pay the insurance premium. So, if you
provide PROFESSIONAL SERVICES but are simply not
billing for them, (e.g. providing PROFESSIONAL SERVICES
to family, friends, or organizations on a pro bono basis), you would not qualify for an exemption and must pay the
insurance premium and levies.
The only exception to this is if you are providing pro bono PROFESSIONAL SERVICES for not-for profit organizations detailed below.
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Exempt LAWYERS providing pro bono PROFESSIONAL SERVICES for not-for-profit organizations
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If you provide pro bono PROFESSIONAL SERVICES for not-for-profit organizations (not associated with PBLO), you may continue
to qualify for exemption; however, you will not be insured for this pro bono PROFESSIONAL SERVICES.
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- You must obtain pre-approval from LAWPRO:
Complete the Pro Bono Application:
- You must complete and return this application prior to engaging in the pro bono PROFESSIONAL SERVICES.
The organization must meet specific conditions to be approved by LAWPRO, as follows:
- The organization benefiting from the pro bono PROFESSIONAL SERVICES must be a not-for-profit organization; and
- The LAWYER must be providing pro bono PROFESSIONAL SERVICES specifically for the organization, and not for any individual(s) in that organization or its clients.
For more information, please contact the LAWPRO Customer Service Department.
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If you receive approval from LAWPRO to maintain your exempt status while providing pro bono PROFESSIONAL SERVICES for an
organization not associated with Pro Bono Law Ontario, you will NOT have any liability insurance coverage for any
PROFESSIONAL SERVICES provided while exempt. You will have only basic
Run-Off Insurance Coverage (with limits of only
$250,000 per claim and in the aggregate) for PROFESSIONAL SERVICES
that you provided before becoming exempt.
In other words, the LAWPRO insurance program would provide no coverage if a claim were to arise relating to your
pro bono PROFESSIONAL SERVICES. You would be responsible for all defense and indemnity costs associated with the claim.
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Retired LAWYERS who are interested in working as volunteers in legal aid clinics may apply to exempt themselves under the insurance program, provided they meet the exemption criteria for LAWYERS working or volunteering in legal aid clinics, as described in Exemption eligibility criteria.
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