Written for independent consultants, fractional executives and small consulting firms that use employees or subcontractors.
The short version
- Verify every bank-detail change by phone.Before money moves, call to confirm. Never confirm by replying to the email that asked for the change.
- Add social engineering cover to your policies.Ask for a social engineering or funds transfer fraud endorsement. Without one, cyber and crime policies may pay nothing for a wire to a fraudster.
- Keep E&O running, and buy a tail.E&O (professional liability) answers claims first made in the policy year, for work after its retroactive date. Buy a tail before you close or retire.
Professional liability (E&O) is not required by law for most consultants, but nearly every MSA demands it at a stated limit. Buying the limit is the easy part. Two situations show where cover breaks down.
The spoofed wire
For example, your bookkeeper receives an email that looks like it came from a subcontractor, asking for payment to a new account, and wires $38,000. Without a social engineering endorsement, your cyber and crime policies may pay nothing.
- Call the bank within hours.Ask it to attempt a recall of the wire.
- Report it.File a report with the FBI's IC3.
- Close the gap.From now on, verify any change of bank details by phone before money moves, not by replying to the email.
Cyber cover handles breach response. Without a social engineering or funds transfer fraud endorsement, cyber and crime policies may pay nothing for the diverted wire.
The claim after the policy stopped
E&O is claims-made: it answers claims first made in the policy year, for work done after the retroactive date. Stop the policy when you close or retire and a claim about past advice has nothing to answer it. Keep it continuous, and arrange an extended reporting period, or tail, before you close or retire, so it is in place when the policy ends. Match the tail to how long clients can sue on your contracts: as of Oct 2026, written-contract limitation periods include four years in California and Texas, six in New York and five in Florida.
Read the policy against your MSAs
- Who decides whether a claim is settled: read the consent-to-settle (hammer) clause.
- Whether defense costs erode the limit, leaving less to pay the claim itself.
- That the limits match what each MSA requires.
- General liability for work at client sites, with certificates naming clients as additional insured.
If you sit on a client's leadership team
Fractional officers and unpaid payroll taxes
A fractional officer can face personal liability for a client's unpaid payroll taxes under the trust fund recovery penalty, so needs the client's D&O policy to cover them, with run-off after they leave.
IRC 6672
Have an insurance broker licensed in your state match each policy's wording to each MSA before you sign, not after a claim arrives.
Asked in Greymill
Then: report it to the FBI's Internet Crime Complaint Center (IC3).
Your policy: cyber cover handles breach response. Without a social engineering or funds transfer fraud endorsement (a policy add-on), your cyber policy and any crime policy may pay nothing for this $38,000.
Check the wording, or ask your insurance broker, to see whether you have one.
So it never happens again:
Verify any change of bank details by phone before money moves, not by replying to the email.
Add the endorsement if you don't have it.
Once the bank call is done, I can draft a one-page bank-detail check for your bookkeeper to follow every time.
Ask it about your own business
Paste this into Greymill with your own figures, and Rules & Licensing works it through for your business.
I run a consulting business in [state], in the US. My E&O policy has [limit, retroactive date and renewal date] and my cyber policy covers [what it covers]. My MSAs require [limits]. I plan to [keep trading / close / retire] by [date]. Check my cover against my contracts, tell me whether I have social engineering cover and what tail I need, and draft a bank-detail change verification procedure for my team.
More for consulting and advisory in the US
- My hourly rate looks fine, but fixed fees and retainers keep running overYour rate only means something once you count unbilled hours, write-downs and the extra days a fixed fee or retainer quietly absorbs.Read the lesson
- Should my consulting LLC elect S corporation status, and what does that do to QBI and my retirement plan?For consultants, the S election, the phase-out of the qualified business income (QBI) deduction for service businesses and the retirement plan interact, so the headline payroll tax saving is only the start of the answer.Read the lesson
- Can I take a success fee for introducing investors, or advise on a client's 401(k) menu?Investment advice, finder fees, legal drafting, immigration work and health data each sit behind a federal or state line, so check before you take on the work next door.Read the lesson
- The client's MSA wants unlimited liability, a noncompete and everything I have ever builtConsulting MSAs hurt owners in three places: liability and indemnities, ownership of the work, and restrictive covenants that may not be enforceable in your state at all.Read the lesson
- Can my consulting firm bring in other consultants as 1099 subcontractors?A consulting firm that subcontracts consulting work meets the strictest version of the classification tests, especially in California, so check before the first SOW.Read the lesson
- Winning government consulting work without being shut out by a conflictGovernment work rewards consultants who register early, pick the right route in, and keep clear of organizational conflicts of interest.Read the lesson
Open the interactive lesson · Every consulting and advisory lesson · What Greymill knows about the trade
Sources
The primary sources behind this lesson, checked Oct 2026.