Legal Question in Legal Malpractice in California

Re: Legal Malpractice Insurance

If you have a just claim and your attorney did not protect your rights, your attorney should act responsibly and tell you whether he has insurance and who it is with.

This is no different than if another professional cause you injury negligently. When a just claim is made, the insurance company will hire competent counsel and defend the professional and will evaluate the liability and damages to determine whether the case should be settled or taken before a jury.

Sometimes the professional has a right to refuse to settle. (Many Doctors have this right). In that case it is up to your attorney to show the truth when taking the case before a jury. Juries that try to find the truth and give a fair damage award are the check we have to keep the professionals from not accepting responsibility for the negligent acts that cause serious injuries or losses.

The state bar had a requirement that the fact of whether he carried malpractice coverage was to be disclosed in written fee agreements, but I have seen many sample agreements that did not include that information.

If you have a serious claim that is worth hiring an attorney over, consult with an attorney and he or she can find out what coverage the attorney has. Once suit is filed there is case authority that requires disclosure of that information.