Mandatory Insurance for Lawyers?
Attorney
(866) 735-1102 Ext 320
The Virginia Supreme Court has asked the Virginia General Assembly to study the issue of whether lawyers should be required to carry malpractice insurance. This comes on the heals of the shocking disclosure that 13% of Virginia lawyers carry no insurance whatsoever.
Here's what I think about this.
I've seen too many folks victimized twice.
First by careless lawyering and then by the fact that the lawyer carried no malpractice insurance.
Still I don't think the government ought to be requiring that lawyers carry insurance. We don't require drivers to carry insurance (you can actually pay a $500 fee to DMV for the right to drive without insurance) and you have a free choice of which lawyer to hire (you have no choice of which driver is going to rear-end you).
So if anything we need mandatory disclosure. Lawyers should have to tell potential clients, up front, if they have chosen to be uninsured.
Until then consumers need to know enough to ask the question. No one wants to go into a relationship wondering what will happen if things go sour, but consumers need to find out, particulary if they are hiring a lawyer to do a high dollar case such as personal injury or medical malpractice.
What do you think? Have you known anyone victimized twice? Should lawyers be required to carry malpractice insurance? Should they be required to disclose if they don't?