attorneys and malpractice insurance

Not all California attorneys carry liability insurance. In most cases, whether or not an attorney has insurance is an important factor in determining whether a malpractice claim against the attorney is viable. Malpractice claims can be expensive to pursue, and the client is generally liable for the costs the attorney incurs in prosecuting the case. Without insurance to cover the damages, pursuing a malpractice claim may mean you are taking on a big financial risk without much chance of ultimately recovering any money. California Rules of Professional Conduct Rule 3-410 requires an attorney to disclose lack of malpractice insurance to their clients in writing if it is reasonably foreseeable that the total time the attorney will spend on the client's legal matter will exceed four hours. If a written disclosure is not required and made at the outset of the representation and the attorney later loses his or her malpractice insurance, the attorney must provide written notice of the lack of insurance to the client within 30 days. For your own protection, you should ask an attorney if he or she has malpractice insurance before you sign a fee agreement.