You already know who you want.
A senior advocate in your city who has defended two colleagues and understands the clinical material without needing it explained twice.
You call the insurer to tell them, and the conversation goes somewhere you did not expect.
Who appoints the lawyer in an indemnity claim is not a matter of preference. It is written into the conditions, and most doctors read it for the first time at the worst possible moment.
The Clause That Decides It
Indian professional indemnity wordings give the insurer the right to take over and conduct the defence in your name, with full discretion over the proceedings and any settlement.
Two words in that sentence do a lot of work. Right, not duty — most Indian wordings say the insurer has the right but in no case the obligation to run the defence. And full discretion — over strategy, over counsel, and over whether to settle.
One product examined goes the other way and imposes a duty to defend. That is the exception, not the rule, which is why a blanket assurance that your insurer will defend you is not something to rely on.
So Can You Choose Your Own Advocate?
Not as a right. None of the Indian doctors’ wordings examined contains a choice-of-counsel clause, a panel-advocate provision, or any mechanism for agreeing counsel between you and the insurer.
And the consent condition closes the gap from the other side: you generally cannot incur defence costs without the insurer’s prior written consent, and in at least one wording that consent is a condition precedent to cover.
Put those two together and the practical answer to who appoints the lawyer in an indemnity claim is the insurer — either directly, by taking over the defence, or indirectly, by controlling which costs are recoverable.
Where You Still Have Room
So who appoints the lawyer in an indemnity claim is settled in principle — but in practice the answer is negotiated more often than doctors realise.
This is not the same as having no say, and the doctors who do best here use the room that exists.
- Ask early, in writing: Propose your advocate when you notify, before positions harden.
- Make the clinical case: Counsel who understands your specialty is an argument about defensibility, not about preference.
- Check for a reasonableness clause: Some wordings say consent will not be unreasonably withheld. Several doctors’ wordings do not.
- Establish who instructs: If the insurer appoints counsel, ask how your instructions and clinical input reach them.
- Ask what happens if they decline: Where the insurer exercises a right not to defend, you need to know what costs remain recoverable.
The Costs Point Behind All Of This
There is a reason the insurer holds the pen. Defence costs come out of your limit of indemnity, not on top of it, so every hour of counsel reduces what remains for an award.
That aligns your interests more than it first appears — you are both spending the same money. It also explains why insurers resist expensive counsel and why your best argument is that the right advocate shortens the matter rather than lengthens it. How those fees are actually paid is a separate question worth settling early.
The Takeaway
Who appoints the lawyer in an indemnity claim is answered in the conditions, and the answer is usually the insurer.
So make your case for counsel on day one, in writing, before anyone has instructed anybody. Once a defence is running, changing it is far harder than shaping it was.
Frequently Asked Questions
Can I choose my own lawyer under an indemnity policy?
Not as a right. No Indian doctors’ wording examined contains a choice-of-counsel clause. You can propose counsel, but appointment and costs remain subject to the insurer’s consent.
Does my insurer have to defend me?
Usually not. Most Indian wordings give the insurer a right, but not an obligation, to take over the defence. One product examined imposes a duty, so ask which yours is.
What if I appoint an advocate anyway?
Costs incurred without the insurer’s prior written consent may not be recoverable, and in at least one wording that consent is a condition precedent to cover.
Can the insurer settle a claim I want to defend?
Where the insurer takes over the defence it typically has full discretion over the conduct of proceedings and settlement. Ask how your view is taken into account before that stage.
Is there any protection against consent being refused?
Some wordings state that consent will not be unreasonably withheld. Several doctors’ wordings examined do not include that softener, so check yours.
How do I give my clinical input if the insurer appoints counsel?
Ask at the outset how instructions reach appointed counsel and how your clinical material will be presented. Establish it in writing early rather than mid-hearing.
