Non-Standard LPL

Be Careful of New Artificial Intelligence Exclusion!

One of our competitors to our Non-Standard Lawyers Professional Liability Program is now attaching a manuscript endorsement that excludes any claim that is based upon any actual or alleged use of generative artificial intelligence (“AI”) by the law firm.

 

It is especially interesting that such exclusion uses “or alleged” language, which presumably means that the carrier will not even be obligated to provide a defense if a claim allegedly was based upon the insured’s use of AI.

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Older Plaintiff Attorneys Getting Claims Due to Lack of Technology

We have had some large claims in our Non-Standard LPL program involving Plaintiff firms missing the Statute of Limitations deadline for their plaintiff cases.  Since there was a series of claims involving similar fact patterns, we did a deep dive into our book of business to discern if there was any pattern.

 

A common thread that we found among many of these claims were mistakes committed by older attorneys that were still relying on older calendaring methods.  Many of these firms have been around for such a long time, it seems that they have not seen the need to update their systems in order to take advantage of newer software such as Clio that helps law firms keep track of important deadlines, including Statute of Limitations deadlines.

 

In fact, we found that many of these law firms still do not even have websites.  Most Plaintiff firms are constantly looking for new cases (as anyone can see with all of the Plaintiff firm billboards seen all over the country), yet these older attorneys seem to continue to attract new clients using old methods.

 

Plaintiff attorneys should use software to help keep track of important deadlines, including statute of limitations deadlines for their personal injury cases, for several compelling reasons. First and foremost, software provides a high level of accuracy and reliability, significantly reducing the risk of human error in tracking crucial dates. This is particularly important in complex cases with multiple deadlines. Additionally, automating deadline tracking frees up valuable time for attorneys, allowing them to focus more on substantive legal work rather than administrative tasks, thereby enhancing overall productivity and efficiency.

 

Modern legal software often integrates with other tools and systems used in legal practice, such as case management software, document management systems, and calendaring tools, providing a more organized and streamlined approach to managing cases. Adopting such technology allows older attorneys to stay current with industry standards and best practices. Many of these software solutions are designed to be user-friendly, with intuitive interfaces and support services, making the transition to using technology smoother for attorneys who may not be as familiar with modern software.

 

Moreover, the increasing need for remote work capabilities makes software solutions that provide remote access invaluable. Attorneys can access important information and deadlines from anywhere, ensuring they stay on top of their cases even when away from the office. Incorporating software into legal practice for tracking deadlines offers numerous benefits that enhance the overall management of personal injury cases and support the successful resolution of client matters.

 

Yet it may be a simple fact that these law firms are in the surplus lines market because they have not adopted the latest risk management techniques.  Nonetheless, our Non-Standard LPL underwriters will be examining this aspect of Plaintiff firms more carefully going forward.