Professional work of the lawyer comes at default or inadequate execution of the professional duties by it. Thus in the contract with the lawyer cannot be specified «to carry case», «to achieve the verdict of"not guilty"», etc. as duties of lawyers include only representation of interests of clients in court, and only. And here how much well and honesty they will do it - depends on professional etiquette and skill of the attorney.
Insurance
There is also one more highlight: even if the lawyer will not execute the professional obligations under the contract, the court is obliged to pass the lawful and well-founded decision, and on criminal case - also a fair sentence. Any judgement which has entered validity or a sentence remain lawful and proved while they are not cancelled or are not changed when due hereunder. Therefore the admission of term of giving of the appeal, absence on session of court and other similar reasons not necessarily can cause losses of the client of the lawyer. For example, to prove that the error of the lawyer has led to the incorrect decision, this decision should be cancelled for the reasons of which the lawyer is guilty, and the new judgement in interests of the principal is taken out.
See, how all is uneasy? It turns out that if the believed lawyer has not made any actions on the business charged to it, it is impossible to show it the action for damages, caused by an adverse judgement. For this purpose it is necessary to cancel at first the decision, moreover with private definition that the lawyer is guilty of an error. Differently, to prove that losses have arisen because of the lawyer, it is almost impossible.
To whom is this insurance favourable?
The favourable purchaser in the insurance contract on professional responsibility of the lawyer is its client as it will receive indemnification if the case is recognised by insurance. And the insurer - the lawyer. That is, the lawyer pays an insurance premium in the insurance company which, in turn, covers professional responsibility within the insurance sum specified in the contract. In practice it occurs so: lawyers automatically transfer expenses on own insurance to fee, and it turns out that their client through the fee pays also their insurance. Thus practically without having chance to receive an insurance covering owing to considered above the reasons.
It is clear, what to clients, even lawyers such insurance of responsibility do not need - what for for them to pay insurance payments if insured event does not come? And for whom then it is necessary, time it is made by the obligatory? About it it is better to ask insurers: somebody though time has paid indemnification for all time of action of the law on obligatory insurance of lawyers? Till now such cases it is not known. Nevertheless insurance premiums regularly gather, taxes from them are deducted in treasury, and legislators quite seriously pretend that have thought up the law protecting interests of citizens.
Insurance
