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[techlaw]

I think this type of question has been in here before, but I'm not sure we've gotten a clear answer.

My understanding is that you can be sued for malpractice in the prosecution of a patent application for up to 26 years after filing that application.  If you decide to only do 5 years of prosecution work, as part of a firm that will continue to exist long after you leave, then I understand the liability stays with their policy.  However, if you decide, for example, to go solo, and after 5 years you want to get out of prosecution (or law altogether), what options are available for long-term tail coverage for acts done during your prosecution days?

I've heard of tail coverage costing $30k for only 3 years of coverage.  But what about the remaining 23 years (or so)?  This seems like a concern not only for younger prosecutors, but those looking to retire from solo practice and still live 10-20 years past that point.  I wouldn't want my *ss hanging out there like that for 20 or so years.  At the same time, it seems that such coverage would be insanely expensive, assuming it even exists.

Anyone have experience or knowledge in this regard?

Thanks.

[blakesq]

I saw this post, and I got nervous and called my insurance broker.  I have a claims made policy with a retroactive date to when I started my solo career.  So, current insurance company will cover me for any claims made back to my retroactive date.  I have no idea what I am going to do when I retire, but after a little research I see that some organizations offer free tail coverage for "retiring" attorneys, see http://www.cobar.org/index.cfm/ID/2139/CPLI/CBA's-Endorsed-Professional-Liability-Insurance-Program/. 

Talk to your insurance provider, if you retire from the practice of law, i think the tail coverage can be free or relatively low cost.