"No" to Mandatory Legal Malpractice Insurance

Ben Glass

Attorney
(866) 735-1102 Ext 320

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The Virginia State Bar is again considering the issue of forcing lawyers to buy malpractice insurance. Complete waste of time.

Their own statistics show that 90% of lawyers who deal with the public have malpractice insurance.

I think that lawyers should carry malpractice insurance but its not the business of the bar to force any business owner to carry insurance any more than it could force the business owner to have nice carpeting.

But...here's the deal...the bar should mandated disclosure of the absence of insurance to a client. It's very important that a lawyer have insurance. Most consumers expect this. My rule would be that if the lawyer does not have insurance that he/she should be forced to disclose this up front. Then, let market forces carry the day. For some consumers, it won't matter. But let the consumer make the decision (not an arm of the government.)

Until individual disclosure is mandated, consumers can check the insurance status of a Virginia lawyer here.