Subpoenas serve a very important function in the litigation process, but the wrong response when served can result in serious consequences. Responding to a subpoena in a proper, adequate, and prompt way is extremely important, but not always easy.
Although the receipt of a subpoena is typically an infrequent event, if you respond without notifying your lawyers’ professional liability (LPL) insurance carrier, this could lead to a malpractice claims denial at a later date. One the first steps you should take when you receive a subpoena is to notify your LPL carrier of this request and ask for information about how to proceed with complying with the request.
Most LPL policies, including those offered by USI Affinity, offer a benefit called subpoena assistance coverage to help you properly comply with the request and will also appoint an attorney to provide you legal representation and advice.
What is Subpoena Assistance Coverage and Why Do I Need It?
Subpoena assistance is an add-on benefit to your LPL insurance coverage that provides for the payment of attorney fees and expenses associated with an insured’s response to a subpoena, either for documents or testimony that involves professional services that were rendered. Subpoena assistance coverage is not related to a case being currently handled or a malpractice claim being defended, but instead is for instances when you receive a subpoena either to testify in a legal matter or to compel you to produce documents.
For more information about how subpoena assistance can benefit your law firm, contact the LPL insurance experts at USI Affinity today.