Article 77. Insurance of the activity of a legal consultant The Law on Advocacy and Legal Assistance

Home / RLA / Article 77. Insurance of the activity of a legal consultant The Law on Advocacy and Legal Assistance

1. A legal consultant is obliged to conclude a professional liability insurance contract for obligations arising as a result of causing harm to third parties who are provided with legal assistance in accordance with the contract.

A legal consultant is not entitled to start providing legal assistance in the absence of a professional liability insurance contract.

If a legal consultant is in an employment relationship with a legal entity, the obligation to conclude a professional liability insurance contract for a legal consultant is assigned to this legal entity.

2. The object of professional liability insurance of a legal consultant is the property interests of the policyholder (the insured person) related to his obligation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to compensate for damage caused to third parties who, in accordance with the contract, receive legal assistance as a result of carrying out activities.

3. An insured event under a legal consultant's professional liability insurance contract is the occurrence of the policyholder's civil liability for compensation for damage caused to the property interests of third parties to whom legal assistance is provided in accordance with the contract as a result of professional errors made by the insured person in providing legal assistance.

For the purposes of this article, professional errors are understood as:

1) skipping procedural deadlines;

2) incorrect paperwork;

3) failure to inform the person who is being provided with legal assistance in accordance with the contract about the consequences of legal actions that have caused harm to him;

4) loss or damage of documents received by the policyholder (insured person) from the client to provide legal assistance;

5) unlawful disclosure of information that became known to the insured person in the process of providing them with legal assistance.

The professional liability insurance contract of a legal consultant may define other actions (inaction) that have caused damage to the property interests of third parties who, in accordance with the contract, are provided with legal assistance as a result of the provision of such assistance by the insured person.

4. An insured event is considered to have occurred if the damage caused to third parties who are provided with legal assistance in accordance with the contract was the result of an unintentional violation of professional duties by the policyholder (insured person).

5. The amount of the insured sum under the professional liability insurance contract of a legal consultant is determined by its terms and conditions and must be at least one thousandfold for legal consultants operating in the territory of a city of republican significance, the capital, and at least five hundred times the monthly calculation index established by the law on the republican budget for the relevant financial year, as of the date of conclusion of the professional liability insurance contract of the legal consultant.

The procedure and other conditions of professional liability insurance of a legal consultant are determined by agreement of the parties on the basis of a standard contract of professional liability insurance of a legal consultant.

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