Although the best defenses against professional liability claims might vary by occupation, there’s one that’s constant across all professions — being consistent. One of your best possible claim defenses is to be able to prove that you and your staff consistently follow what’s commonly known as the “invariable practice rule” — having everyone do everything one way, all the time.

Weakness in this defense occurs when a firm violates one of the two concepts in this rule: “invariable” or “everyone.” If there are six ways of doing things, that’s not “invariable.” And, if only four of six people are following the guidelines, that isn’t “everyone.” It must be noted the principal is often the major violator of such guidelines, particularly when dealing with long-time clients and friends.

Check out your procedures and practices today. Do they meet the “invariable” test? Once the practice is established as invariable, does everyone adhere to it (including the top managers)? If so, come claims time, you’ve added a powerful defensive shield into your risk management armory. For other ideas, give us a call.

Professional liability arises out of a failure to render professional services competently. Common claims allege negligence, design/programming errors, misrepresentation, violation of good faith and fair dealing and inaccurate advice. Professional Liability Insurance protects your firm from legal disasters. InsurePro specializes in E&O, D&O and other forms of professional liability insurance.