Solo Attorneys: Don't Wait to Figure Out Your Succession Plan
To prevent neglect of client matters in the event of a sole practitioner’s death, the duty of diligence may require that sole practitioners prepare a...
2 min read
Mark Bassingthwaighte, Risk Manager
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Posted on March 3, 2026
Our Director of Claims, Stacey Smith, recently posted an insightful article entitled “Why Insurance Defense Firms Are Struggling to Secure Professional Liability Coverage” on our Blog. Not only did she do an excellent job of explaining what’s going on, but she also gave me an opportunity to follow-up with an update for solo attorneys who handle insurance defense work. What follows is offered in the spirit of helping solos find steadier footing in challenging times.
To briefly recap, Stacey shared that there seem to be three major pressures reshaping the landscape: verdicts have become increasingly large, privity laws are loosening, and carriers are under financial pressure to recoup losses. In short, when a verdict hits the books, someone has to absorb it. Increasingly, carriers are deciding that “someone” might be defense counsel.
How These Trends Hit Solos Specifically
A review of recent claims shows a clear pattern. Insurers are more willing to blame defense counsel when outcomes are unfavorable. For solos, the risks are amplified:
These challenges aren’t a reflection of solo attorneys’ abilities. They stem from the risk landscape inherent in insurance defense.
Practical Steps Solos Can Take
Here are a few steps solos can take that can help reduce exposure:
The Bottom Line
The insurance defense world has changed. Carriers are quicker to blame panel counsel, quicker to pursue recovery, and quicker to scrutinize your decisions with the benefit of hindsight.
None of this means you can’t continue doing this work. But it does mean you need to approach it with eyes wide open, stronger documentation habits, and a clearer understanding of the risk landscape you’re navigating. If you’re a solo attorney handling insurance defense, the goal is to make sure your practice model remains aligned with the realities of today’s claims environment.
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