Hired to Help Win — Blamed When They Lose.
Protecting trial consultants, jury consultants, and litigation-support firms
Litigation consultants shape how a case is tried — jury selection and research, witness preparation, trial strategy, themes, and the graphics and demonstratives that carry an argument to a jury. When the verdict disappoints, the attorney or client can look back at that advice and call it the reason. Because a trial outcome turns on countless factors, a consultant's recommendation is hard to prove "right," which is exactly why errors-and-omissions is the backbone of the practice. Add deep access to privileged work product, strict confidentiality duties, and the conflicts that come from working both sides of an industry, and a litigation-support firm needs coverage built around advice-inside-a-case. This is a specialized corner of professional services insurance built for how trial consultants actually get sued.
Properly structured coverage protects the firm, its consultants, and the trial teams that rely on its work.
The Litigation Consultant's Signature Exposures
The signature exposure is errors-and-omissions for strategy and services an attorney or client blames for an adverse result — jury-selection advice that backfires, a mock-trial read that proves wrong, a demonstrative that misleads or is excluded, or witness preparation alleged to have hurt credibility. Two factors amplify it. Consultants work inside privileged, confidential case materials, so a leak or an inadvertent waiver of privilege is a serious claim source. And firms that serve many clients in the same field face conflict-of-interest exposure when they end up adverse to a former client. The strategy call and the breach of confidence are the exposures that most define the work.
Key Risks in Litigation Consulting
Litigation consultants face exposure related to:
Trial strategy or jury-selection advice a client blames for an adverse verdict
A mock trial or jury study whose read of the case proves wrong
A demonstrative or graphic that misleads, infringes, or is excluded at trial
Witness-preparation work alleged to have damaged testimony or credibility
Breach of confidentiality or inadvertent waiver of attorney work product
A conflict of interest from serving both sides of an industry or dispute
Contractual indemnities that enlarge a negligence claim
The strategy-blamed-for-the-verdict claim and the confidentiality breach are what most define the practice.
Core Coverages for Litigation Consultants
A properly built litigation-consulting program typically includes:
Professional Liability / E&O — Covers defense and damages when strategy, research, or services are alleged negligent and caused a client loss — the core policy, written claims-made.
Cyber & Data Breach — Protects the privileged case files and confidential data the firm holds.
Media / Intellectual Property Liability — Responds to infringement or defamation claims from demonstratives, graphics, and published materials.
General Liability — Covers premises injuries and personal and advertising injury, commonly bundled into a business-owner's policy.
Commercial Property / BOP — Covers office contents, equipment, and business income.
Workers' Compensation — Provides legally required coverage once the firm has staff.
Employment Practices Liability — Protects against employment claims.
Umbrella / Excess Liability — Adds higher limits above the primary program.
What's Commonly Overlooked
Litigation-consulting programs are most often weakened by:
No cyber coverage despite holding privileged, highly sensitive case files
E&O limits below what law-firm client contracts require
A retroactive date or missing tail that leaves earlier engagements uncovered
No intellectual-property cover for demonstratives and published graphics
Conflict-screening gaps when the firm serves many clients in one field
The gap that hurts most is thin E&O and no cyber behind the privileged materials the firm handles.
Real-World Claim Examples
A client blames jury-selection advice for an adverse verdict and sues the consultant
A mock-trial study points the trial team the wrong way and the case is lost
A demonstrative is excluded or alleged to have misled the jury
A privileged case file is breached or an inadvertent disclosure waives work product
A firm is accused of a conflict after working against a former client's interests
A single adverse-verdict claim can cost far more than the engagement that produced it.
Regulatory & Contract Context
Litigation consulting is largely unlicensed, but it operates inside the rules that govern the litigation itself — attorney work-product and privilege protections, confidentiality obligations, and professional-conduct rules that reach the consultants a firm retains. In practice, law-firm and corporate clients drive the requirements: they commonly require professional liability at set limits, proof by certificate of insurance, additional-insured status, and cyber coverage before granting access to privileged materials. Firms that handle regulated data inherit sector privacy rules through the engagement.
Why Proper Placement Matters
Underwriters weigh revenue, the specific services — jury research and witness prep rate differently than pure graphics — client and matter size, concentration in a few large firms, conflict-screening practices, prior claims, and cyber controls given the privileged data held. Errors-and-omissions is claims-made, so the retroactive date and tail matter when the firm changes carriers. Matching limits to the matters the firm supports, with professional-lines markets that understand litigation work, keeps the coverage sound.
Our Approach
At Cory Washington & Co., we insure litigation consultants around the exposure that defines the practice — strategy and services blamed for an adverse result. We structure errors-and-omissions to meet law-firm contract requirements, add the cyber and media coverage the work demands, and coordinate the rest into one program placed with professional-lines markets. We also insure related practices, including expert witnesses and law firms, and the broader professional services category.
When your work helps decide a verdict, your coverage should be built to defend it.
All insurance descriptions on this website are provided by Cory Washington & Co. LLC strictly for general informational purposes. They are not intended to be, and should not be relied upon as, legal, financial, or insurance advice. The information presented is general in nature and does not guarantee the availability, terms, conditions, or scope of any insurance coverage. Actual coverage is determined solely by the specific policy language issued by the insurer and remains subject to underwriting approval. Nothing on this website creates or implies an agent-client relationship, binds coverage, or alters any existing policy. Cory Washington & Co. LLC expressly disclaims any liability for actions taken, or not taken, based on the content provided here. For advice regarding your particular situation, please consult directly with a licensed insurance professional at Cory Washington & Co. LLC or another qualified insurance professional, and always review your policy documents in full.
See the coverages a litigation consultant business may carry — core, prevalent, and situational — plus the gap most often missed, in the Litigation Consultant Coverage Checklist.
Complete the Litigation Consultant Supplemental online in a few guided steps, download the fillable PDF, or browse all applications.
Frequently Asked Questions
How do I get litigation consultant insurance through Cory Washington & Co.?
Request a quote or contact our team. We start with a short conversation about your operations, analyze your exposures, then negotiate litigation consultant insurance across multiple carriers that compete for your account and present options with the trade-offs explained. Cory Washington & Co. LLC is licensed in all 50 states.
How are litigation consultant insurance premiums priced?
It depends on your exposure. Litigation consultant insurance is priced on factors like your industry, size, prior claims, and the limits and deductibles you select — so two businesses rarely pay the same. We shop your account across competing carriers and present the trade-offs in plain English.
Is litigation consultant insurance mandatory?
Requirements vary. Litigation consultant insurance may be mandated by statute, or required under your contracts, leases, or loan agreements — and in many cases it is simply prudent given the risks involved. We look at your specific obligations and exposures, then recommend the coverage and limits that fit.
What if another agency has already declined or non-renewed my coverage?
Difficult, specialty, and previously-declined placements are a core part of our work. We access excess & surplus (E&S) and specialty markets that many generalist agencies cannot, and we explain the trade-offs clearly so you can decide with confidence.
Available in all 50 states. See how requirements differ in California, Texas, Florida, New York, or choose your state.