Professional liability · Lawyers · Portugal & Spain

Professional liability insurance for lawyers in Portugal and Spain

A missed deadline, advice that overlooked a foreign client’s home law, a property purchase where the buyer relied on your due diligence. Lawyers working with international clients, high-value property and cross-border estates carry an exposure the Bar’s group policy rarely keeps pace with.

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ASF-registered insurance intermediary · Portugal & Spain · Written response in 48–72 business hours

Reviewed by Hugo Gonçalves, Founder & Risk Management Specialist at Adler & Rochefort · Degree in Business Management (University of Hertfordshire) · Ongoing training at the Chartered Insurance Institute (CII), London.

The profession and where the risk sits

Legal practice in Portugal and Spain has changed scale. A firm in Lisbon, Porto, the Algarve, Madrid or Marbella now handles residence and visas, property purchases by foreigners, estates with assets in several countries, corporate reorganisations and disputes worth far more than the fees. The error behind a claim is rarely bad faith: an appeal deadline that passed, a clause that failed to protect the client, a registry check that was not done, an opinion that did not consider the law of the client’s country.

Procedural and limitation deadlines — the most frequent cause of claims.
Property and corporate transactions — where the value at stake is the deal, not the fee.
Foreign clients — who may sue in their own country and under their own law.
Data and confidentiality — sensitive documents and information held by the firm.

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Tell us the essentials and we'll come back to you within 48 to 72 business hours — a careful look at your real exposure takes longer than a generic form.

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Leave just the essentials and we reply within 48–72 working hours. We ask for the rest by email.

What we will ask for your quote

After the first contact we ask for these details by email. If you have them to hand, you can send them now to insurance@adlerrochefort.com.

Name
Date of birth
Full address
Driving licence issue date
Registration number

By sending this form you agree to us using your details to prepare and discuss your quote, in line with our privacy policy. We never sell your data. Adler & Rochefort is a trading name of Ownizo, Unipessoal Lda., registered with the ASF under no. 425591790/3.

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What is compulsory in Portugal and in Spain

Portugal

The Statute of the Portuguese Bar (Estatuto da Ordem dos Advogados, art. 104) requires practising lawyers to hold professional liability insurance, and the Bar takes out a group policy for its registered members — in 2025 with a limit of €150,000 per claim and an excess. The Bar itself notes that lawyers who want the limited-liability regime provided in the Statute need a total limit above the group policy, and many lawyers and firms buy top-up cover.

Spain

Professional companies — including law firms set up as sociedades profesionales — must insure their liability (Ley 2/2007, art. 11.3). For individual practice, bar associations frequently require or arrange cover for their practising members. Lawyers who practise in both countries should confirm that the policy covers the activity in each.

What top-up cover should include

A limit above the group policy, set by the value of the transactions and disputes the firm handles.
Territory and jurisdiction that include the clients’ countries, not only Portugal.
Claims-made cover with retroactive date, so that earlier work is not left out.
Defence costs, ideally in addition to the limit.
Loss of documents and breach of confidentiality.
Run-off cover for retirement or closing the firm.

Common mistakes

Assuming the Bar’s group policy is enough for a multi-million transaction.
Not declaring international work or foreign clients.
Changing insurer without securing the retroactive date.
Forgetting the firm’s own policy when practising individually and in a firm at the same time.

For the wider picture, see professional liability insurance in Portugal and which professional bodies require cover.

Frequently asked questions

Is the Portuguese Bar’s group policy enough?

It meets the basic obligation in the Statute, but the limit per claim is capped and carries an excess. For high-value transactions and litigation, or to use the limited-liability regime, top-up cover is usually needed.

Must a law firm in Spain be insured?

Yes. Ley 2/2007 on professional companies requires them to take out insurance covering their liability (art. 11.3). The specific terms should be confirmed with the relevant bar association.

Does the policy cover claims by foreign clients?

Only if the territory and jurisdiction allow it. Many policies are limited to claims brought in Portugal or the EU; with clients elsewhere, this is a point to negotiate.

What happens when I retire?

Because cover is claims-made, it stops when the policy ends. Run-off cover extends protection for later claims about work done while practising.