In-house counsel are also eligible for a part-time discount. The same principles apply to an in-house counsel as with a private practice lawyer, but the application of the principles will look a little different.

Part-time lawyers receive a 50% discount on the annual indemnity fee. You may apply for the part-time discount if you are engaged in the private practice of law (any professional services for which the indemnification policy extends coverage), related professional services and activities that further those services for an average of 25 hours per week or less. The terms “related professional services” and “activities that further those services” include but are not limited to:

  • any professional services for which the policy extends coverage;
  • practice management;
  • continuing professional development (CPD)*, other continuing legal education such as participation in Canadian Bar Association sections, and other voluntary activities associated with the practice of law or provision of professional services such as mediation training;
  • professional duties or representation on bodies such as the Law Society, the Canadian Bar Association, the Continuing Legal Education Society and other organizations; and
  • professional services undertaken but delegated to others (e.g to an articled student or a paralegal).

* If the CPD is subject to a maximum credit allowance, you need include only that maximum in your calculation of hours. If you are a teacher or student at a post-secondary institution, those activities are not part-time practice activities, even if claimed as CPD, and are not included in your calculation of hours.

To be eligible for the discount, you should be continuously employed on a part-time basis. You may occasionally practise more than 25 hours per week, as long as on average, over consecutive six-month periods (January to June; July to December), you practise 25 hours per week or less.

You may not apply for the discount if:

  • you practise full-time for a portion of the year and do not practise at all for a portion or the balance of the year; or
  • you have had a professional liability insurance or indemnity claim in the past five calendar years in any jurisdiction for which an indemnity payment has been made.

For an in-house counsel, the information provided on your application is a two-step process. First, you must determine which of your legal services would be covered under the policy, and then how many hours you spend on those services. For example, claims against you by your employer, or a related organization, which employs you, at which you work as a seconded lawyer, or at which you are a partner, are excluded under the policy. Accordingly, the time during which your advice is to your employer (or seconding organization or partnership) should not be included in your activities set out on your part-time discount application form. However, the time you spend on activities which may give rise to a claim against you by a third party as well as the activities listed above should be included.

You will find the forms to apply for coverage here: full-time and part-time.