It is a measure that will protect both the professional and the client, but it is undeniable that it will also create difficulties for young lawyers: from next October 11, in fact, the obligation of an insurance policy will be enforced against those who carry out legal activities. The decree provides that the Government approved the rules for the provision of insurance coverage (civil and anti-infirm liability) against the lawyers on September 22, 2016.
The coverage must guarantee both the customers and the lawyers themselves from the damage caused to third parties in the exercise of the profession, as well as the collaborators (in this second case it is an accident-prevention policy which must be stipulated if we have collaborators or employees of law firms and associated studies). Anyone exercising the legal profession, even if with an income of less than 30 thousand euros, if he has not yet done so, must therefore activate a package.
On the market, offers vary with prizes ranging from a minimum of 200 euros to a maximum of 10,000 euros a year. The same Cassa Forense has activated in time agreements with Italian and foreign insurance groups ( here the complete list ). But lawyers registered with the Order in Italy – which number more than 300 thousand (data from Cassa Forense 2014/2015) – as many as 50 thousand, up to two years ago, invoiced on average just 10 thousand 300 euros .
The crisis of the profession and of earnings is an emergency for the category that has long been carrying on protests to sensitize the Government and reduce the economic obligations to which a young lawyer is subjected (especially for pension contributions). The policy, however, is a necessary instrument of protection for a particularly delicate and competitive profession.
If a lawyer is discovered, in the event of a professional error he may have to shell out hundreds of thousands of euros, equal to the compensation a customer can claim in the event of damage caused by the lawyer. A worse consequence of the sanctions envisaged in the event of failure to take out insurance: in this case it is the Council of the National Order that has to sanction the professional since the absence of a policy now constitutes a disciplinary offense.