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Is it ever appropriate for a lateral attorney to ask a prospective firm about what malpractice insurance it carries?

Would the answer differ depending on whether the lawyer would be coming in as an associate, non-equity partner or equity partner?

Tagging in out of curiosity.

key here is to bundle the question with asking how strictly the firms sexual harassment policies are enforced

Definitely Not North wrote: ↑

Mon Jan 04, 2021 9:42 pm

key here is to bundle the question with asking how strictly the firms sexual harassment policies are enforced

lol. This. OP, are you kidding or trolling?

Do you not see the obvious red flag of a candidate who foresees committing malpractice, and why you would think twice about them? Do you really think a truly biglaw firm will not have malpractice insurance? On second look, you may be serious. Maybe you committed malpractice under one insurance carrier and that's why you want to know if they would have the same carrier? Outside of something like that, or you suspecting future malpractice, not sure this should really matter to you rather than firm leadership/the designated team in the firm that handles malpractice.

like i could maybe see asking the question as an equity partner lateral but probably not even then.

I can imagine a few scenarios where it matters if you have a specific question and wouldn't necessarily be a big deal.

I don't see myself making this ask, but one I scenario is for myself, especially in this post-2020 world. My family is in British Columbia, BC requires a foreign law certificate thing if you spend significant time in BC practicing a foreign law (it's mostly for advising other people in BC, but I'm not sure how they categorize working remotely). It has a few requirements (admittance to foreign bar, a couple references, etc.), including malpractice insurance that explicitly covers said remote work.

Now that it's (at least currently) expected to be working remote, and there's a strong chance going forward to be more common, it wouldn't be crazy for me to want to ask if the firm's insurance met the requirement.

But generally yes, either don't ask or follow the question about sexual harassment policies.

Out of curiosity, how does malpractice insurance work? Do we all pay a deductible amount or something if we screw up big time?

Definitely Not North wrote: ↑

Mon Jan 04, 2021 9:42 pm

key here is to bundle the question with asking how strictly the firms sexual harassment policies are enforced

This is a little unfair. Imagine saying to the CEO or GC of your client “you don’t need to worry about D&O insurance. Just don’t be negligent!”

Definitely Not North wrote: ↑

Mon Jan 04, 2021 9:42 pm

key here is to bundle the question with asking how strictly the firms sexual harassment policies are enforced

"We're not generally comfortable in an office setting, I would say...I also get headaches from computers, so I can't be around them for too long."

Monochromatic Oeuvre wrote: ↑

Tue Jan 05, 2021 1:34 am

Definitely Not North wrote: ↑

Mon Jan 04, 2021 9:42 pm

key here is to bundle the question with asking how strictly the firms sexual harassment policies are enforced

"We're not generally comfortable in an office setting, I would say...I also get headaches from computers, so I can't be around them for too long."

Had a lateral interview once where the interviewee had a "no-no list" of matters in our practice group that she wouldn't handle. Not just didn't like but actually wouldn't handle.