The "Dos and Don'ts" of Creating Website Content for Your Agency

The content of your agency’s website can be a key issue in determining the direction of E&O claims, including the degree of legal liability your agency can be held to. Your site will be scrutinized if a potential E&O matter comes to light and the plaintiff’s attorney is doing their due diligence to determine any liability.

WHAT CAN YOU DO TO HELP PROTECT YOUR AGENCY?

• DO make sure your staff knows what’s on your website. Staff should understand what your website is committing them to do. Handle business with this in mind.
• DO review your website regularly. Establish a point person and a schedule for this. Include a review of marketing materials on the website. 
• DON’T make commitment statements that you don’t or can’t adhere to. For example, if you indicate you will review clients’ coverage to ensure they have the right protection, do you really do this on every account? 
• DON’T assert yourself as an “expert” or “specialist.” While this may sound good from a marketing perspective, it will increase your required standard of care which, in turn, can increase your legal liability if there’s a claim. 
• DON’T use language such as “consultant” or “advisor.” This heightens your responsibility to the client potentially ascribing a special relationship or fiduciary duty to advise. 
• DON’T make any guarantees of coverage.