Wednesday, February 17, 2016

Legal Malpractice Insurance

I have been investigating several legal malpractice claims for Plaintiffs in the past few months.  The biggest issue that keeps reoccurring is the lack of malpractice insurance.  In many cases, there is no question on liability, only damages. The problem is that there is no insurance coverage and the attorneys have only nominal amounts of liquid assets.  Malpractice insurance is designed to protect both the client and the attorney.  On several cases I have looked at, the issue has been the attorney's staff messing up.  (Note:  attorney ultimately liable in this scenario).  To me, the debate on this issue is whether a bill needs to be introduced to require malpractice insurance for attorneys in the legislature.  In many cases, I am seeing some attorneys playing fast and loose since they feel they have no risk if something happens.   

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