McGowanPRO Professional Liability Blog / Resources / Articles

General Release of Professional Claims

Posted by Tom Henell on Fri, Jul 29, 2011 @ 02:15 PM

Unfortunately there are scenarios that may arise where your client, and you, do not see eye to eye.  Just one example of this may be a client who has not paid for services.  Of course you are not in business to provide services for free, but you understand that filing a suit for fees commonly leads to allegations of professional liability.

In this scenario, negotiating a reduction of fees may be in your best interest.  In return for reducing your fees it is wise to require the client to sign a general release.

A general release is a legal document that acts to terminate any legal liability between the releasor (your client) and the releasee (you).

Prior to offering a release to a client please consider:

1. A release of a claim, or potential claim, should never be made without previous insurance carrier approval.

2. A release is a contractual document, and likely to be construed according to the law of the local jurisdiction.  It is recommended you consult local counsel to review your final document to ensure that it is consistent with local law. 

The following general release template was developed for illustrative purposes only by Ralph Picardi, Esq. of Lapping & Picardi, LLP exclusively for use by clients of North American Professional Liability Insurance Agency, LLC (NAPLIA).

If you have questions please do not hesitate to contact your NAPLIA representative.

Sample general release template (word document)