The Malpractice Insurance Dilemma
In most states, lawyers are not required to carry professional liability insurance. In fact, some lawyers may be surprised to know only two states require lawyers to hold coverage. Bar associations and other legal groups across the country have been examining the debate over whether states should require malpractice insurance with renewed interest in recent years. Some argue that when uninsured lawyers make mistakes, clients who are harmed may not have access to remedies and that they may have difficulty securing a lawyer to represent the case or to take the case on a contingency fee basis. Too many uninsured lawyers may undermine the public’s trust and confidence in the legal profession. Others believe the requirement would be too burdensome, particularly for solo and small firms. Professor Leslie Levin discusses the debate surrounding mandatory insurance and whether lawyer malpractice insurance should be considered an issue of access to justice. She delves into the common claims typically covered by insurance, the various insurance disclosure requirements, and the types of client harms a mandatory insurance regime may prevent.
