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Focus (Forum & Focus)

Aug. 14, 2007

Malpractice Transparency

Forum Column - By Robert C. Fellmeth - The new rules being considered by the State Bar, which would mandate that lawyers disclose to their clients whether they have malpractice insurance, are another of the half-hearted reforms that give the profession a bad name.

FORUM COLUMN

By Robert C. Fellmeth

      The State Bar is now considering a rule to restore the requirement that attorneys disclose to clients if they lack malpractice insurance coverage. The current proposal is the elephantine gestation of a mouse embryo. It includes three immediate weaknesses: (a) it only applies prospectively to new clients, (b) it does not require written acknowledgment from clients and (c) it does not require a...

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